Will You Go to Jail in Texas for Shaking Your Baby? 

 Posted on September 12, 2024 in Criminal Defense

A man in Texas is currently scheduled to suffer the death penalty more than twenty years after being convicted of killing his two year old daughter by shaking her. Rights groups say that the evidence shows the man is innocent. We may never know the truth, and Roberson looks likely to suffer the death penalty as a result of his conviction.

Does this mean that all parents who are accused of shaking their babies face the death penalty? What about jail time if the child is not killed but only hurt? This blog will answer some of the most common questions about shaken baby syndrome and the Texas penal system. If you or your partner are facing a serious charge of injuring a child, you need the help of a Texas criminal defense attorney who knows the legal system and understands how crimes against children are treated in Texas.

How is Shaken Baby Syndrome Charged in Texas? 

Physical child abuse in Texas is generally charged under Section 22.04. The crime - called "injury to a child" - can be charged when someone hurts a child:

• Recklessly or recklessly by omission 
• With criminal negligence
• Intentionally
• Knowingly

This means that even if a child is hurt because a parent or caregiver did not act when he or she should have, that person can be charged with injury to a child. When injury to a child is committed knowingly or intentionally, the penalty is a first degree felony. When it is committed recklessly, it is a second degree felony.

This begs the question - How is shaken baby syndrome charged in Texas? Charges will depend on the circumstances of the crime and the extent of the child’s injuries. If the child dies, a parent could be charged with murder. If a child is seriously injured on purpose as the result of intentional child abuse, the parent could be charged with a first degree felony and face life in prison.

However, any parent of a new child knows how difficult and intense infant crying can be. Let us look at one common case. One day, an infant has been crying for several hours. The father tells the mother to rest and tries to soothe the baby, who does not stop crying. After two hours, in a moment of extreme exhaustion and frustration, the father shakes the baby, causing the baby to go limp and then start seizing.

After taking the baby to the hospital, doctors confirm that the baby appears to have suffered from shaken baby syndrome and may suffer lifelong paralysis, seizures, or learning disabilities. So what happens to the father? In cases like this, parents are often charged with second degree felony injury to a child. The father did not mean to hurt his child, but he knew that shaking an infant would likely result in serious harm to the baby. A second degree felony allows two to ten years in prison and fines up to $10,000, although a judge has discretion in sentencing.

When Does Texas Seek the Death Penalty for Injury to a Child? 

Most cases of child abuse - even cases involving deaths of young children - do not result in Texas prosecutors seeking the death penalty. The death penalty is only pursued in serious cases that meet special circumstances called aggravating factors. These include: 

• Killing an on-duty police officer or firefighter 
• Killing someone while committing a felony, such as arson, kidnapping, or burglary 
• Killing people for hire 
• Killing more than one person 
• Killing a child under 14 years old 

Accidentally or inadvertently killing someone will not elevate a punishment to the penalty of capital punishment; capital murder, or intentional murder, is the only crime that is punished by the death penalty. Even in cases of capital murder, prosecutors have the option to seek life in prison without parole.

Call a Plano, TX Child Abuse Defense Attorney Now at 214-544-0061

Being accused of child abuse is extremely serious. If you are facing an investigation for hurting your child, you need to get help from a Collin County, TX criminal defense attorney right away. Your freedom, your relationship with your children, and your entire future could be at stake. The sooner you call The Crowder Law Firm, P.C., the sooner we can start building a case to dispute your charges. Call 214-544-0061 for a free consultation and to get a hard-hitting top-notch attorney in your corner.