A charge of Injury to a Child, Elderly, or Disabled Individual is among the most sensitive and serious offenses in Texas. These cases carry heavy penalties, intense emotion, and a strong presumption against the accused. If you are under investigation or have been charged in Montgomery County or the Houston area, it is critical to involve a defense lawyer early. Brian Foley is a Board Certified criminal defense attorney and former Chief Prosecutor who has handled these cases from both sides.
What the Law Covers
Texas Penal Code § 22.04 protects three groups of people:
- a child (14 years of age or younger),
- an elderly individual (65 years of age or older), and
- a disabled individual.
The offense can be committed by an act or, when a person has a legal duty to care for the protected individual, by an omission — a failure to act. The required mental state ranges from intentional conduct down to criminal negligence, and that mental state, combined with the degree of harm, determines how serious the charge is.
Punishment Ranges
The level of the offense under Section 22.04 turns on the mental state and the harm caused:
- Intentionally or knowingly causing serious bodily injury — first-degree felony (5 to 99 years or life).
- Recklessly causing serious bodily injury — second-degree felony (2 to 20 years).
- Intentionally or knowingly causing bodily injury — generally a third-degree felony (2 to 10 years).
- Lesser mental states and lesser harm reduce the level further, down to a state jail felony.
See our Texas punishment ranges for how these felony levels compare.
How These Cases Are Defended
These prosecutions frequently rest on medical opinion and assumptions about what happened. A strong defense looks closely at:
- Accident vs. intent — many injuries to children and the elderly result from accidents or falls, not criminal conduct.
- Alternate cause — a medical condition, a different caregiver, or a prior injury may explain the harm.
- The medical evidence — independent review of the records and, where appropriate, defense medical experts.
- Reasonable discipline — Texas law recognizes a parent's right to reasonably discipline a child.
- Duty in omission cases — whether the accused actually had a legal duty to act.
Speak With Brian Foley Today
These cases move quickly and the stakes are enormous. If you are being investigated or have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation before you speak with anyone else.