Injury to a Child, Elderly, or Disabled Person in Texas | Houston Attorney

Injury to a child, elderly, or disabled person is among the most serious and aggressively prosecuted charges in Texas — reaching a first-degree felony when serious injury is caused intentionally. It can be charged not only for affirmative acts but also for omissions — failing to provide care you had a duty to give — and it almost always arrives alongside a CPS investigation. These cases demand a careful, expert-driven defense, because the State's medical assumptions are frequently wrong.

If you or a loved one is facing this charge in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 22.04, a person commits an offense by intentionally, knowingly, recklessly, or with criminal negligence causing, to a child (14 or younger), an elderly individual (65 or older), or a disabled individual: serious bodily injury; serious mental deficiency, impairment, or injury; or bodily injury. The offense reaches conduct by act or by omission where a duty of care exists. The offense level turns on the severity of the harm and the mental state.

Penalty Range

Conduct	Offense Level	Punishment
Serious bodily injury / serious mental impairment — intentional or knowing	First-Degree Felony	5 – 99 years or life; up to $10,000 fine
Serious bodily injury — reckless	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
Bodily injury — intentional or knowing	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
Bodily injury — reckless	State Jail Felony	180 days – 2 years state jail; up to $10,000 fine

A parallel CPS case is almost certain

These charges nearly always run alongside a Child Protective Services investigation and possible family-court proceedings. What you say in one can be used in the other, so coordinating your defense across both from the start is critical.

How These Cases Are Defended

Accident, not crime. Many alleged injuries are genuine accidents — falls, household mishaps, sports injuries — that the State misreads as abuse.
Someone else caused it. In households with multiple caregivers, the State often charges the wrong person; we press causation hard.
Medical and forensic experts. Conditions can mimic abuse, and "shaken baby"/abusive-head-trauma conclusions are increasingly contested in the scientific literature. We retain qualified experts.
Challenging "serious" injury and mental state. The degree of injury and whether conduct was intentional, reckless, or merely negligent drive the offense level.
Protecting your statements. We manage the interplay between the criminal case and the CPS investigation to avoid harmful admissions.

Collateral Consequences

A conviction can mean decades in prison, loss of parental rights, sex-offender-adjacent stigma, firearm and immigration consequences, and a permanent record. Given the stakes and the frequency of wrongful accusations, an experienced, expert-supported defense is essential.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who understand how these emotionally charged cases are built — and how often the science is wrong. If you or a loved one is facing this charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is injury to a child, elderly, or disabled person in Texas?

Under Texas Penal Code § 22.04, it is an offense to cause serious bodily injury, serious mental impairment, or bodily injury to a child (14 or younger), an elderly person (65 or older), or a disabled individual — whether by act or, in some situations, by omission (failing to provide care one has a duty to provide). It is treated very seriously because of the vulnerability of the alleged victims.

What are the penalties for injury to a child in Texas?

The level depends on the harm and the mental state. Intentionally or knowingly causing serious bodily injury or serious mental impairment is a first-degree felony (5 to 99 years or life). Reckless serious injury is a second-degree felony. Bodily injury is a third-degree felony if intentional or knowing, and a state jail felony if reckless. Injury by omission carries its own tiers.

Can injury to a child be charged for failing to act?

Yes. Section 22.04 reaches injury caused by omission when the person has a legal or assumed duty to care for the child, elderly, or disabled individual and fails to do so. These 'failure to protect' cases are complex and fact-intensive, and they often involve difficult questions about who actually caused the harm.

How are these cases defended?

Defenses include that the injury was accidental rather than criminal, that someone else caused it, that the injury does not meet the 'serious' standard, and medical explanations such as pre-existing conditions or accidental household injuries. We frequently retain medical and forensic experts, because the State's medical conclusions are not always correct.

Will CPS be involved in an injury to a child case?

Usually yes. A criminal injury-to-a-child case almost always runs alongside a Child Protective Services investigation and potential family-court proceedings. Statements made in one can affect the other, so it is critical to have a defense attorney coordinating your response from the very beginning.