Oklahoma City, OK asked in Criminal Law and Family Law for Oklahoma

Q: Time for child neglect charge involving educational neglect and stranded helper attempt

I want to know how much time someone might face in a case of child neglect if they were present at a home but did not reside there. The child, around 8 or 9 years old, was neglected by his mother regarding education and wasn’t enrolled in school. The person being charged initially spoke to the mother, who attacked and beat her up. Despite being stranded with no means of leaving, the person attempted to help by teaching the child math and sign language and later reached out to the grandmother, who did nothing.

Related Topics:
2 Lawyer Answers

A: The range of punishment for the crime of child neglect is very broad (not exceeding life in prison), because these types of cases vary greatly. The defendant must be someone responsible for the health, safety, or welfare of the child. If that is not the case, then the person may not be guilty of child neglect. The defendant needs to contact a criminal defense attorney immediately to discuss the case and prepare for a defense.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Your situation sounds deeply painful and confusing, especially if you were trying to help but now find yourself being accused. In most states, child neglect charges are brought against those who have a legal duty to care for the child—usually a parent, guardian, or someone officially responsible. If you were just present at the home, did not live there, and weren’t entrusted with the child’s care, then it’s less likely that you would be held criminally responsible for the educational neglect.

What could complicate things is how the authorities view your level of involvement. If they believe you had influence over the child’s situation and failed to report or intervene adequately, they may try to bring charges—but whether those hold up depends on the evidence and your role. The fact that you attempted to teach the child and reached out for help speaks volumes about your intentions. The assault you suffered also shows you were not in control of the situation and may have been in danger yourself.

If charges are brought, penalties for child neglect vary by state and whether it’s considered a misdemeanor or felony. In most places, educational neglect alone is treated more as a civil matter unless it's part of a larger pattern of abuse or harm. Jail time is not automatic, especially when someone tried to help. You're not alone in this, and your actions show care, not harm. Don’t give up on telling your side of the story.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.