Malicious punishment of a child is defined as the intentional use of unreasonable force by a child’s parent or caretaker or punishment that is considered cruel or excessive. At Brandt Kettwick Defense, we have defended clients charged with malicious punishment in Minneapolis, MN, Saint Paul, MN, Anoka, MN, and surrounding communities.
Malicious punishment charges may either be a gross misdemeanor or felony, depending upon the circumstances. In some cases, charges are elevated to a felony, due to the harm or injuries sustained by the child, the age of the child, or any prior convictions of the defendant.
These are serious charges that carry serious consequences if convicted. If you’ve been charged with malicious punishment of a child, you need an experienced child abuse lawyer to defend your rights. At Brandt Kettwick Defense, we can help put together a plan to help you find the best path forward. We provide free consultations to determine if we are the right criminal attorney for you. Please contact our office at 763-421-6366, if you need a child abuse lawyer in Minneapolis, MN, Saint Paul, MN, Anoka, MN, or the surrounding area.
All penalties listed below are the maximum penalty that can be imposed under Minnesota Law unless otherwise specified.
The penalties for malicious punishment depend on the age of the child and the severity of the harm.
Malicious Punishment of Child (Minn. Stat. § 609.377)
A parent, legal guardian, or caretaker who, by an intentional act or a series of intentional acts with respect to a child, evidences unreasonable force or cruel discipline that is excessive under the circumstances is guilty of malicious punishment of a child.
The following are common terms used in charges involving the malicious punishment of a child.
Substantial bodily harm: bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.
Great bodily harm: bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm.
What is reasonable under the circumstances?
Reasonableness is something that would be a fact issue and decided by a jury.
Anytime you are charged with malicious punishment of a child, you should do two things:
1. Contact a criminal defense attorney; and,
2. Do NOT talk to the cops.
Only in extremely rare circumstances do we recommend communicating with the cops and any decision to do so should be made with the advice of counsel and with an attorney present.
Please also keep in mind that your driver’s license will likely be revoked so it is important to contact an attorney experienced in malicious punishment of a child charges to discuss your options going forward.
