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If You’ve Been Charged With Child Abuse...

When your future, reputation, and parental rights are on the line, Harvey Criminal Defense Lawyers is here to stand between you and the full weight of the criminal justice system.

Facing Child Abuse Charges in Memphis?

What is Child Abuse or Neglect Under Tennessee Law?

Tennessee law criminalizes a wide range of conduct under Tennessee Code § 39-15-401, which defines several types of child abuse, neglect, and endangerment. These laws are intentionally broad to protect vulnerable children, but that breadth can also result in false accusations, misinterpretations of discipline, or overzealous investigations.

Legal Definitions

Under § 39-15-401, child abuse includes:

  • Knowingly inflicting injury on a child under 18 other than by accidental means.
  • Failing to protect a child from abuse or neglect that results in injury.
  • Exposing a child to dangerous environments or substances.

The law provides enhanced penalties if:

  • The child is 8 years old or younger.
  • The exposure involves methamphetamine or another Schedule I–V controlled substance.
  • The alleged conduct places a child in “imminent danger” of death or serious injury.

Even a well-meaning parent or guardian can find themselves facing a Class D or B felony, especially if the alleged victim is very young or if drugs are involved.

Shelby County Criminal Court
  • Address: 201 Poplar Avenue, Memphis, TN 38103
  • Phone: (901) 222-3200
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM
Shelby County General Sessions Criminal Court
  • Address: 201 Poplar Avenue, Suite LL-81, Memphis, TN 38103
  • Phone: (901) 222-3500
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM

Types of Child Abuse Charges We Defend

At Harvey Criminal Defense Lawyers, we handle a wide range of child abuse cases, including but not limited to:

1. Physical Abuse Allegations

This includes hitting, spanking, or any physical discipline that prosecutors interpret as excessive or injurious. While Tennessee allows reasonable corporal punishment, prosecutors may disagree with your parenting choices.

2. Child Neglect

Neglect often involves failing to provide basic needs like food, shelter, or medical care. But it can also include allegations that are subjective or based on misunderstandings—such as leaving a child unattended or living in substandard conditions.

3. Child Endangerment

This charge applies when someone knowingly puts a child—especially one aged 8 or under—in a situation that could cause serious harm. For example, having drugs or unsecured firearms in the home could lead to endangerment charges even if the child wasn’t harmed.

4. Exposure to Controlled Substances

If a child is exposed to methamphetamine or other Schedule I–V drugs, even through secondhand smoke or household contamination, prosecutors may bring serious felony charges—even if there was no intent to harm the child.

5. Failure to Protect

Parents or custodians can be charged for not preventing abuse by others, even if they didn’t directly harm the child. For example, letting a known abuser live in the home or failing to act on signs of abuse can lead to criminal liability.

Penalties for Child Abuse in Tennessee

The severity of the penalty depends on several factors, including the child’s age, the type of abuse, and whether injury occurred.

Offense Penalty
Simple child abuse or neglect Class A misdemeanor (up to 11 months, 29 days in jail)
Child is 8 years or younger Class D felony (2–12 years in prison)
Neglect or abuse affecting health/welfare Class E felony (1–6 years)
Child endangerment involving imminent danger Class A misdemeanor (or Class B felony if the child is 8 or under)
Exposure to controlled substances Up to Class B felony (8–30 years in prison)

Felony charges can also carry fines, loss of parental rights, sex offender registration (in certain cases), and irreparable reputational damage.

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Defense Strategies in Child Abuse Cases

A child abuse allegation doesn’t mean you’re guilty. At Harvey Criminal Defense Lawyers, we craft tailored defenses to help you fight back effectively:

1. Challenging Witness Credibility

Many cases rely on statements from young children, angry co-parents, or third parties with limited understanding. We question inconsistencies, motivations, and reliability.

2. Proving Lawful Discipline

Tennessee law permits reasonable corporal punishment. We defend your rights as a parent and show that your actions fall within accepted norms.

3. Disproving Injury or Danger

We often work with medical and forensic experts to show that an injury was accidental, misdiagnosed, or not connected to the defendant’s actions.

4. Fourth Amendment Violations

Illegal searches or seizures—especially in drug exposure cases—may violate your constitutional rights. If evidence was improperly obtained, we fight to have it suppressed.

5. Lack of Intent or Knowledge

Prosecutors must prove intent or “knowing” conduct. If your actions were negligent but not criminal, or if someone else was responsible, we make that clear.

Why Choose Harvey Criminal Defense Lawyers?

When you’re facing child abuse charges in Memphis, your choice of defense attorney could make the difference between prison and freedom. Harvey Criminal Defense Lawyers brings:

  • Years of courtroom experience in Tennessee criminal courts
  • Strategic trial preparation for complex, emotional cases
  • A proven track record of dismissals, reduced charges, and acquittals
  • A compassionate, confidential approach to help protect your family and reputation

We understand how high the stakes are. Our job isn’t just to defend you in court—it’s to protect your entire future.

Consequences Beyond the Courtroom

Even before conviction, child abuse charges can result in:

  • Protective orders and family court proceedings
  • Loss of custody or visitation rights
  • Job loss or professional licensing issues
  • Social services involvement (DCS)

If you’re a parent, teacher, coach, healthcare worker, or caregiver, these allegations can jeopardize your career and family relationships.

That’s why we act fast—to challenge accusations, defend your rights, and restore your reputation before permanent damage is done.

Areas served

  • Memphis
  • Covington
  • Henderson
  • Germantown
  • Somerville
  • Collierville
  • Brownsville
  • Bartlett
  • 38103
  • 38104
  • 38105
  • 38106
  • 38107
  • 38108
  • 38109
  • 38111
  • 38112
  • 38114
  • 38115
  • 38116
  • 38117
  • 38118
  • 38119
  • 38120
  • 38122
  • 38125
  • 38126
  • 38127
  • 38128
  • 38131
  • 38132
  • 38133
  • 38134
  • 38135

Take Action Now – Schedule a Confidential Consultation

Don’t wait for DCS, prosecutors, or a co-parent to build a case against you unchallenged. The sooner we get involved, the more options you’ll have to protect yourself.

Contact Harvey Criminal Defense Lawyers today to schedule a private consultation. We’re ready to listen, act, and fight for you.

Frequently Asked Questions

Can I be charged with child abuse for spanking my child?

Tennessee law allows reasonable corporal punishment, but prosecutors may charge you if the discipline is deemed excessive or results in injury. Having an experienced attorney is critical in defending your parental rights.

What happens if DCS is involved in my case?

The Department of Children’s Services (DCS) may investigate and initiate separate proceedings to restrict custody or visitation. These investigations can impact your criminal case, so it’s essential to have a defense lawyer coordinate your response.

Are child abuse allegations common in divorce or custody battles?

Yes. We frequently see false or exaggerated claims made during heated custody disputes. These accusations require a meticulous and strategic defense, especially when emotions and parental rights are involved.

Do I have to speak to police or DCS investigators?

No. You have a constitutional right to remain silent. We strongly advise consulting an attorney before making any statements that could be used against you.

Can I go to jail for child endangerment even if my child wasn’t hurt?

Yes. Tennessee law allows prosecution if your conduct created a risk of serious harm, even if no injury occurred. That’s why it’s critical to have legal counsel who can argue against those interpretations.

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