Child Abuse / Injury to a Child

If you're under investigation or have been arrested for injury to a child or related charges in Austin, you may face felony charges, a CPS investigation, limits on seeing your children, damage to your career, and possible prison time. But it’s important to remember that being accused does not mean you will be convicted.

People often use the term child abuse broadly, but Texas criminal charges may include injury to a child, abandoning or endangering a child, or other felony allegations, depending on the facts.

Cases involving children are often more complicated than they appear. Prosecutors may rely on medical opinions, various witness accounts, caregiver timelines, school reports, forensic interviews, or assumptions about how an injury occurred. Some cases involve accidents, while others arise during custody disputes, family disagreements, or misunderstandings.

Getting legal help early can make a huge difference.

Quick Answer: What Is Injury to a Child in Texas?

In Texas, injury to a child is generally prosecuted as a felony offense under Penal Code §22.04 involving allegations that someone intentionally, knowingly, recklessly, or through criminal negligence caused harm to a child 14 or younger. Depending on the allegations, injury to a child can be charged as a serious felony with penalties ranging from 180 days in state jail to life imprisonment.

Austin Child Abuse Defense Lawyers

If you’re facing child abuse allegations, injury to a child charges, family violence allegations, or another serious criminal investigation in Travis County, the decisions you make early can have lasting consequences for your freedom, family, and future.

At Michael & Associates, our Austin criminal defense lawyers handle serious felony cases across Travis County, including injury to a child, child endangerment, and related abuse charges. We act fast to protect your rights, save important evidence, and start building your defense before prosecutors shape the case.

We defend individuals accused of serious criminal offenses throughout Austin and the surrounding area. Our senior defense attorneys include former prosecutors who understand how these cases are built and where the evidence can be challenged. Whether the case involves criminal charges, a parallel CPS investigation, or both, our team moves quickly to protect your rights and begin building your defense.

We believe communication matters, especially when the stakes feel overwhelming. You should understand what is happening, what comes next, and your options at every stage.

Call Michael & Associates today for a confidential consultation if you are facing allegations in Austin, Travis County, Pflugerville, Lakeway, Cedar Park, Round Rock, or nearby communities.

What Is Injury to a Child in Texas?

In Texas, injury to a child is one of the most serious charges you can face if a child is allegedly harmed.

The law applies to children 14 years old or younger and may involve allegations of:

• Physical injury
• Serious bodily injury
• Serious mental impairment
• Allegations involving a failure to act when the person had a legal duty to protect or care for the child
• Conduct prosecutors characterize as abuse or neglect

These cases depend heavily on the details. Just because a child is injured does not mean a crime has happened.

Prosecutors still have to prove who caused the injury, what actually happened, and if the right legal intent was present.

Is Injury to a Child a Felony in Texas?

Yes. Injury to a child under Texas Penal Code §22.04 is generally prosecuted as a felony offense in Texas.

The exact level is based on factors such as:

• Severity of the alleged injury
• Whether prosecutors allege intentional conduct
• Whether the allegation involves recklessness or criminal negligence
• Whether the accusation involves an affirmative act or an alleged omission

These differences can greatly affect the penalties, since more serious charges often mean longer prison sentences, higher fines, and more lasting consequences. Knowing the exact charge in your case is important for understanding your legal risks and defense options.

Penalties for Injury to a Child in Texas

The possible penalty ranges vary based on the allegations you face:

The penalties you might face depend on what prosecutors say happened. Cases involving serious injuries, intentional actions, or claims of failing to act can result in much harsher consequences.

What Counts as Serious Bodily Injury in Texas?

Texas law treats some child injury allegations much more seriously, depending on the severity of the alleged harm. Under Texas Penal Code §1.07(a)(46), serious bodily injury means an injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

In injury to a child cases, allegations involving serious bodily injury can dramatically increase the potential penalties, making it critical to closely examine how prosecutors and medical experts are interpreting the child’s condition.

What Is the Difference Between Injury to a Child and Child Endangerment in Texas?

These charges are similar, but they are not the same thing.

• Injury to a child (Texas Penal Code §22.04) generally involves allegations that a child was actually harmed.
• Abandoning or endangering a child (Texas Penal Code §22.041) generally focuses on placing a child in danger, even if no actual injury occurred.

Examples of child endangerment allegations may include:

• Leaving a child in a dangerous environment
• Exposure to drugs or unsafe conditions
• Allegedly failing to supervise appropriately
• Abandonment allegations

The difference between these charges can greatly affect how your case is handled and what defense options you have.

How Injury to a Child Investigations Often Begin in Austin

In Austin, injury to a child investigations often begin after a report from medical providers, school personnel, caregivers, or Child Protective Services. Healthcare professionals, including hospital staff who suspect abuse or neglect, may be legally required to report concerns, which can quickly trigger parallel investigations.

Depending on the allegations, cases may involve the Austin Police Department, Travis County law enforcement agencies, CPS investigators, forensic interview specialists, and prosecutors with the Travis County District Attorney’s Office. What begins as a medical or welfare concern can quickly become a serious felony criminal investigation.

What Evidence Is Used in Injury to a Child Cases?

These cases often include emotional evidence, but strong accusations do not equal proof.

Evidence may include:

• Medical records
• Pediatric physician opinions
• Emergency room documentation
• CPS investigative records
• Witness statements
• School incident reports
• Caregiver timeline statements
• Detective interviews
• Forensic child interviews 
• Photographs
• Text messages
• Social media communications

In many cases, the way medical evidence is interpreted is a key issue. Defense experts may challenge the timing, cause, or nature of the injuries.

For example, differing medical opinions can lead to disagreements about whether an injury was accidental or intentional, or whether another medical explanation better accounts for the child’s condition. These disagreements can affect the outcome by raising reasonable doubt about the prosecution’s claims.

Can You Be Charged for Failing to Act?

Yes, in some circumstances.

Texas Penal Code §22.04 does not only apply to allegations involving direct physical acts. The law can also apply when prosecutors allege that someone caused injury by omission, meaning a failure to act, if that person had a legal duty to act or had assumed care, custody, or control of the child.

These cases can be especially fact-sensitive because prosecutors must prove not only that harm occurred, but that the accused had a legal responsibility to protect the child and failed to do so in a way that meets the criminal standard.

Common Defenses to Injury to a Child Allegations

Every case is unique, but common defenses may include:

• The injury was accidental: Falls, rough play, playground incidents, sports injuries, and other accidents can sometimes be misinterpreted as intentional abuse.
• The State can’t prove who caused the injury: Parents, relatives, teachers, babysitters, daycare workers, and other caregivers may all have access. Prosecutors must prove responsibility beyond a reasonable doubt.
• Disputed medical evidence: Medical experts don’t always agree. Timing assumptions, the cause of the injury, interpretations of abuse, and diagnostic conclusions can sometimes be challenged.
• The allegations stem from family conflict or misunderstanding: Some allegations arise from contentious custody battles, family disagreements, caregiver confusion, incorrect assumptions, or conflicting witness recollections.
• The required mental state can’t be proven: Prosecutors must prove the required culpable mental state. The difference between intentional conduct, recklessness, negligence, or an accident can completely change the case.

CPS Investigations and Criminal Charges Are Separate

A Child Protective Services investigation is separate from a criminal prosecution, but they often overlap.

Statements made to:

• CPS investigators
• Detectives
• Forensic interviewers
• Hospital staff
• Other investigators

can later become evidence. 

CPS generally needs court authorization unless emergency circumstances justify immediate action under Texas law.

If both CPS and criminal investigators are involved, it is critical to have a coordinated legal strategy right away.

What Happens in Travis County After an Arrest?

Felony injury to a child cases in Travis County often move quickly once law enforcement becomes involved. 

The process may involve:

• Arrest and booking
• Magistrate bond review
• Protective bond conditions or court-ordered restrictions
• Restrictions on child contact
• CPS intervention
• Forensic interviews
• Medical evidence review
• Grand jury review
• Formal indictment
• Pretrial hearings
• Plea negotiations
• Trial preparation

Because felony charges in Travis County are often indictment-driven, early legal intervention can be critical to preserving evidence, identifying weaknesses in the allegations, and shaping the defense before the case gains momentum.

Austin-Area Resources for Families Seeking Help

If you or your family need support related to child safety concerns, family crisis, abuse allegations, or victim services in the Austin area, these organizations may be able to help:

• SAFE provides 24/7 confidential crisis support for survivors of domestic violence, sexual assault, child abuse, and trafficking, along with shelter, counseling, advocacy, and support services in Austin. 
• Children's Advocacy Centers of Texas helps connect children and families affected by abuse investigations with advocacy, forensic interview coordination, and support resources across Texas, including the Austin area.
• Austin Police Department Victim Services provides crisis intervention, emotional support, advocacy, compensation assistance, and referrals for crime victims and families. 
• Asian Family Support Services of Austin (AFSSA) offers culturally responsive support for survivors of domestic violence, sexual assault, trafficking, and family abuse, including multilingual crisis intervention, legal advocacy, counseling, and housing support.

Why Choose Michael & Associates?

When a child is involved, the risks are too great to trust your case to an inexperienced defense.

Michael & Associates brings substantial felony trial experience to serious criminal cases, including allegations involving injury to a child and abuse-related accusations. Our trial-ready approach has led to documented success. Michael & Associates achieved favorable or partially favorable outcomes in approximately 65% of jury trials in 2025.

More reasons clients turn to us:

• Over 425 years of combined experience
• 800+ jury trials handled
• We only hire senior attorneys, not entry-level case handlers
• You’ll work with the same lawyer from start to finish (and have that lawyer’s direct contact information)
• We have former prosecutors who understand how the State builds felony cases
• We work quickly, as evidence is still developing
• Trial-ready defense from day one
• Our founder and managing partner, Ben Michael, is personally involved in every case

These cases need meticulous investigation, oversight, and planning, not guesses.

Speak With an Austin Injury to a Child Defense Lawyer Today

Being accused of harming a child can quickly put your freedom, family, reputation, and future at risk.

If you are under investigation or charged with injury to a child in Austin or Travis County, it is essential to have an experienced lawyer on your side as soon as possible.

Contact Michael & Associates today for a private consultation.

Past results do not guarantee future outcomes. Last updated: May 2026 and reviewed for accuracy by Michael & Associates’ criminal defense lawyers.