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

You Need a Legal Team That Understands What You’re Up Against. Our attorneys at Harvey Criminal Defense Lawyers know how high the stakes are when you’ve been accused of harming a child. We don’t shy away from serious allegations—we step in to protect your future, your freedom, and your rights.

Accused of Aggravated Child Abuse in Memphis?

What is Aggravated Child Abuse Under Tennessee Law?

Tennessee Code Annotated (T.C.A.) § 39-15-402, also known as Haley’s Law, addresses aggravated child abuse, neglect, or endangerment. This law enhances penalties for certain forms of child abuse and is designed to deliver severe consequences for conduct that causes or risks significant harm to minors.

Under this statute, a person commits aggravated child abuse if they:

  • Commit abuse, neglect, or endangerment as defined in T.C.A. § 39-15-401; and
  • Engage in conduct that meets one or more of the following aggravating factors:
    • Causes serious bodily injury to the child;
    • Uses a deadly weapon, dangerous instrument, or controlled substance to commit the act;
    • Commits abuse that is especially heinous, atrocious, or cruel, or involves torture;
    • Exposes the child to the manufacture of methamphetamine.

Understanding “Serious Bodily Injury”

Tennessee law provides a broad definition of serious bodily injury. It includes, but is not limited to:

  • Second- or third-degree burns
  • Bone fractures
  • Concussions
  • Subdural or subarachnoid bleeding
  • Brain contusions
  • Retinal hemorrhages
  • Severe bruising
  • Cerebral edema
  • Permanent disfigurement
  • Female genital mutilation

These injuries may be the result of direct physical harm or indirect actions, such as exposure to dangerous environments.

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

Penalties Under Haley’s Law

Aggravated child abuse is typically a Class B felony. However, it becomes a Class A felony when:

  • The child is eight years old or younger, or
  • The child is mentally or physically vulnerable due to a disability.

Potential consequences include:

  • Class B felony: 8 to 30 years in prison and up to $25,000 in fines
  • Class A felony: 15 to 60 years in prison and up to $50,000 in fines

Tennessee does not take these charges lightly, and prosecutors often seek the harshest penalties available.

Additional Legal Consequences

Conviction for aggravated child abuse may also result in:

  • Loss of custody or parental rights
  • Lifetime sex offender registration in certain cases
  • Protective orders barring contact with the victim
  • Public registration on child abuse registries

Collateral Consequences

Beyond incarceration, the fallout from these charges can follow you for life:

  • Termination from employment (especially in education, childcare, or healthcare)
  • Loss of professional licenses
  • Permanent damage to your personal and professional reputation

How We Defend Clients Accused of Aggravated Child Abuse

Every case is different. At Harvey Criminal Defense Lawyers, we build a defense strategy tailored to your facts and your future. Potential defenses may include:

  • False Allegations: We investigate whether the accusation was made with malicious intent, such as during a custody dispute.
  • Lack of Intent or Knowledge: Haley’s Law requires knowing conduct. We may argue that the alleged behavior was accidental or misunderstood.
  • Injury Not Caused by the Accused: The injury may have been sustained while the child was in another person’s care.
  • Improper Police Procedures: We will examine whether your rights were violated during investigation or arrest.

Our firm collaborates with experts in pediatrics, psychology, and forensic science to challenge the state’s narrative.

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What to Do If You Are Under Investigation

If you suspect you are being investigated for child abuse:

  • Do not speak to police without a lawyer present.
  • Avoid contacting the alleged victim or any witnesses.
  • Document your whereabouts and interactions.
  • Contact an experienced Memphis criminal defense attorney immediately.

The earlier we get involved, the better your chances of avoiding a formal charge or securing a dismissal.

Why Choose Harvey Criminal Defense Lawyers?

We’re not a volume firm. We take on serious cases because we know how to deliver serious results.

  • Focused criminal defense in Memphis and Shelby County
  • Trial-tested attorneys with experience defending child abuse charges
  • Discreet, judgment-free representation during the most sensitive moments of your life
  • Meticulous preparation backed by real-world results

This is not the time to gamble on your future. We are committed to protecting the accused, ensuring due process, and fighting for outcomes that give you a second chance.

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

Contact a Memphis Aggravated Child Abuse Lawyer Today

Allegations of aggravated child abuse under Haley’s Law can change your life in an instant. But you don’t have to face them alone. Contact Harvey Criminal Defense Lawyers today for a confidential consultation. We’re ready to stand by your side, protect your rights, and give your case the attention it demands.

Call or schedule your consultation online.

Frequently Asked Questions

What is considered “aggravated child abuse” under Tennessee law?

Aggravated child abuse occurs when someone intentionally harms a child and that harm involves serious bodily injury, use of a dangerous weapon or controlled substance, or conduct that is especially cruel or torturous. Tennessee Code § 39-15-402 also classifies aggravated child neglect and endangerment under the same statute when a child suffers serious harm from neglect or exposure to methamphetamine production.

What are the penalties for aggravated child abuse in Tennessee?

Aggravated child abuse is classified as a Class B felony, punishable by 8 to 30 years in prison. If the child is eight years old or younger, or has a mental or physical disability that makes them especially vulnerable, the charge escalates to a Class A felony, carrying 15 to 60 years in prison and no eligibility for parole until a large portion of the sentence is served.

Can I be charged even if I didn’t directly injure the child?

Yes. Tennessee law allows for aggravated child abuse or neglect charges even if a person fails to act to protect the child from known abuse, or places the child in harm’s way through reckless or negligent behavior. This includes allowing drug exposure, failure to seek medical care, or leaving a child in an unsafe environment.

What defenses are available in an aggravated child abuse case?

A skilled criminal defense lawyer may use several strategies, including showing that the injuries were accidental, challenging the credibility or accuracy of medical evidence, or demonstrating that you were not the person responsible for the child’s injuries. In some cases, false allegations made during custody battles or family disputes may be exposed through thorough investigation.

Why should I hire a defense attorney immediately if I’m under investigation?

Aggravated child abuse charges carry extremely serious penalties and lifelong consequences, including possible sex offender registration, termination of parental rights, and a felony criminal record. Early intervention by an experienced criminal defense lawyer ensures your rights are protected from the outset—especially if investigators, DCS, or law enforcement are building a case against you before arrest. At Harvey Criminal Defense Lawyers, we know how to step in early and push back hard.

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