Injury to a Child, Elderly, or Disabled Person in Texas Assault Cases

Facing Assault Charges Involving Vulnerable Victims? Here’s What You’re Up Against

Texas law treats assault against vulnerable populations — including children, the elderly, and individuals with disabilities — as among the most serious criminal offenses. What might otherwise be a misdemeanor assault can quickly become a third- or even first-degree felony, with long prison sentences, protective orders, and lifetime criminal records on the line.

This post breaks down how Texas defines Injury to a Child, Elderly Individual, or Disabled Individual, what types of conduct trigger felony charges, and how an experienced attorney near you can help you fight back.

1. What Is the Statute for Injury to a Child, Elderly, or Disabled Individual?

Texas Penal Code § 22.04 defines this offense as:

“Intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, causing bodily injury, serious bodily injury, or serious mental deficiency, impairment, or injury to:
(1) a child younger than 15 years,
(2) an elderly individual (65 or older), or
(3) a disabled individual.”

This law also applies in cases of neglect or failure to act, not just physical harm — which is why it's often charged against caregivers, nurses, and parents, even in ambiguous situations.

2. Classification Depends on Mental State and Injury Severity

Texas law elevates punishment based on intent and type of harm:

Mental State / Harm CausedClassificationPenalty RangeIntentional/Knowing + Serious Bodily Injury1st Degree Felony5–99 years or LifeIntentional/Knowing + Bodily Injury3rd Degree Felony2–10 yearsReckless + Serious Bodily Injury2nd Degree Felony2–20 yearsCriminal Negligence + Any InjuryState Jail Felony6 mos–2 years

Your lawyer near you must carefully analyze how prosecutors are framing the mental state element — it often makes the difference between a State Jail Felony and First-Degree Felony.

3. Who Qualifies as a Protected Person?

Child: Any person under age 15

Elderly: Anyone age 65 or older

Disabled Person: A person with:

• Mental illness
• Intellectual disability
• Developmental disability
• Physical impairment
• Autism or traumatic brain injury

These categories are broadly interpreted in court. Your attorney near you must examine medical records, psychological evaluations, and victim history to ensure the enhancement was applied lawfully.

4. Common Real-Life Scenarios That Lead to Charges

1. Disciplinary Acts That Cause Injury

• Parents or guardians using corporal punishment that results in bruises or soreness
• Teachers or caretakers accused of excessive force

Even minimal injuries can be charged as felony injury to a child, especially if the state believes the conduct was intentional or reckless.

2. Elder Care Disputes

• Arguments between family members and elderly parents
• Alleged neglect or injury in nursing homes or home care settings

3. Developmentally Disabled or Special Needs Victims

• Physical restraint or rough handling interpreted as abuse
• Injury occurring in a group home or school environment
• Assault allegations during transportation or medical care

5. Assault Charges Without Visible Injuries

Even if there’s no visible injury, Texas law still allows felony charges when:

• The victim reports pain or mental distress
• There’s prior history of allegations
• There are multiple alleged incidents
• The state invokes criminal negligence or reckless conduct

Your lawyer near you can challenge whether the alleged conduct truly meets the statutory definitions or is being overcharged based on emotion rather than evidence.

6. Can These Charges Be Reduced or Dismissed?

Yes — but only with proactive legal defense. A skilled criminal defense attorney near you can:

• Disprove intent or knowledge
• Argue lack of injury or exaggeration
• Show the act was disciplinary, not criminal
• Present expert medical testimony
• Challenge mental state and enhancement elements

Prosecutors in Fort Bend County, Harris County, and Galveston County are known to file these charges aggressively — even in borderline cases. Without early legal intervention, felony convictions are more likely.

7. Collateral Consequences of Conviction

Beyond prison time and fines, these charges carry lasting penalties:

• Permanent felony record
• Lifetime firearm ban
• Termination of parental rights
• Loss of professional licenses (healthcare, teaching, childcare)
• Immigration consequences
• Civil lawsuits or restraining orders

That’s why it’s never just about jail time — it’s about your future. You need an attorney near you who can protect both your legal record and your reputation.

8. How Prosecutors Build These Cases

Texas prosecutors may rely on:

• Child advocacy center interviews
• Medical exams and CPS reports
• Mandatory reporter allegations (teachers, nurses)
• 911 recordings and police body cams (Tex. R. Evid. 803(2))
• Prior incidents or conduct admissible under Rule 404(b)

A skilled lawyer near you can identify inconsistencies, recanting witnesses, or improperly obtained evidence — and file motions to suppress or exclude prejudicial materials.

9. Are You Eligible for Probation or Deferred Adjudication?

Possibly — but first-degree felony injury charges often exclude probation, especially when:

• The alleged victim is under 6 years old
• The injury is considered serious or disfiguring

Your attorney near you may fight for:

• Charge reduction to a lower-degree felony
• Deferred adjudication (which avoids a conviction but not sealing for family violence cases)
• Pretrial diversion (in rare, non-injury cases)

10. Why You Need a Criminal Defense Attorney Near You Immediately

When you’re accused of hurting a child, elderly person, or disabled individual, the law — and the public — will treat you as guilty before you set foot in a courtroom. But many cases are based on false accusations, accidental injuries, or misunderstood conduct.

At Walker Law Office, we’ve defended clients in Harris, Fort Bend, and Galveston Counties against these highly emotional and complex charges. We understand what’s at stake — and how to fight back.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a trusted criminal defense attorney near you.

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