Child or Vulnerable Adult Abuse

Being accused of abusing a child or a vulnerable adult is more than just a crisis—it’s potentially life-changing. These allegations can turn your world upside down, threatening your freedom, your family, and your future. In many cases, the accusations stem from misunderstandings, false reports, or complicated family dynamics—not criminal intent. Still, Arizona law takes these claims seriously, and even an unfounded allegation can lead to arrest, public scrutiny, and long-term consequences. At the Law Office of James E. Novak, our Phoenix criminal defense attorney understands how devastating these charges can be, and we’re here to help you fight back with a strong, fact-driven defense.

Under A.R.S. § 13-3623, a person may be charged with child abuse or vulnerable adult abuse if they cause or permit a child or vulnerable adult to:

• Suffer physical injury
• Be placed in a situation likely to result in physical injury
• Be placed in circumstances that endanger their health or welfare

The statute applies not only to intentional acts but also to situations involving neglect, recklessness, or failure to act when there is a duty to protect.

A "vulnerable adult" is defined under A.R.S. § 13-3623(F)(6) as someone who is unable to protect themselves due to a physical or mental impairment. This includes elderly individuals, persons with developmental disabilities, or those suffering from medical conditions that limit their independence.

The classification and penalties depend on the nature of the alleged abuse, whether it was intentional or reckless, and the extent of the injury. Examples include:

• Intentional abuse resulting in serious injury: Class 2 felony.
• Reckless abuse causing serious injury: Class 3 felony.
• Negligent abuse or endangerment: May be charged as a Class 4 or 5 felony depending on the level of harm.

These charges are often accompanied by other allegations, such as domestic violence designations, which can further increase the severity of the penalties and restrictions.

Anyone in a caregiving role—including parents, guardians, teachers, nurses, or in-home caregivers—can face abuse allegations. But these charges can also arise from misunderstandings, personal disputes, or even false reports during custody battles or family conflicts.

Common scenarios include:

• Medical injuries mistaken for abuse
• Disciplinary actions that are deemed excessive
• Accidents in the home or care facility
• Disagreements between caregivers and medical professionals
• Retaliation during divorce or custody proceedings

Because mandatory reporting laws require certain professionals to report suspected abuse, investigations often begin quickly and without much warning.

A conviction for child or vulnerable adult abuse can result in:

• Lengthy prison time
• Felony record
• Loss of custody or parenting rights
• Professional license suspension or revocation
• Mandatory counseling or treatment programs
• Lifetime ban on working with minors or dependent adults

Beyond the legal penalties, the social and personal consequences are severe. These cases often attract public attention, and even unfounded allegations can damage your life and relationships.

These cases are fact-sensitive and often rely on subjective interpretations of injuries, witness statements, or circumstantial evidence. Possible defenses may include:

• False accusations: Common in custody disputes or family disagreements.
• Lack of intent: Not all injuries result from criminal actions. Many are accidental or the result of a medical condition.
• Insufficient evidence: Medical records or testimony may not clearly link the defendant to any wrongdoing.
• Improper investigation: Law enforcement or DCS may have acted too quickly or without full information.
• Parental rights and discipline: Arizona law permits reasonable discipline; the state must prove the conduct went beyond that.

Each case demands a careful review of the facts, medical records, and witness credibility. Our Phoenix criminal defense attorney works closely with experts and investigators to uncover the truth and challenge weak or biased evidence.

If you are under investigation or have been charged with child abuse or abuse of a vulnerable adult, do not speak to police or investigators without first consulting an attorney. Your rights, your family, and your future are too important to risk.

The Law Office of James E. Novak provides experienced, strategic defense for serious criminal allegations throughout Maricopa County. We are committed to helping clients respond with strength and clarity in the face of overwhelming pressure. Call us today at 480-413-1499 or reach out through our secure online contact form to schedule your free and confidential consultation.