Arizona Child Abuse Defense Lawyers
Charged with child abuse under A.R.S. § 13-3623? The grade swings widely, from a Class 6 felony up to a Class 2 felony, and when the conduct is intentional under circumstances likely to cause serious injury and the child is under 15, it is a Dangerous Crime Against Children with mandatory prison. Medical causation is often the whole case. Do not talk to police or CPS, call us first.
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What Is Child Abuse in Arizona?
Quick answer: Child abuse under A.R.S. § 13-3623 is causing or, if you have care or custody of a child, permitting a child under 18 to suffer physical injury, to have their health endangered, or to be placed in a dangerous situation, including neglect. The grade depends on two things: the circumstances (whether they were likely to produce death or serious physical injury or not) and your mental state (intentional or knowing, reckless, or criminally negligent). At its most serious, intentional or knowing abuse under circumstances likely to cause death or serious injury is a Class 2 felony, and a Dangerous Crime Against Children under § 13-705 if the child is under 15, carrying mandatory prison.
Both Sides
Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending child abuse and other violent crime cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Child Abuse in Arizona?
- Is child abuse a felony in Arizona?
- What is the punishment for child abuse in Arizona?
- What is a Dangerous Crime Against Children in Arizona?
- Can you be charged with child abuse for an accident in Arizona?
- Does child abuse include neglect in Arizona?
- Can child abuse charges be dismissed in Arizona?
- How Arizona Grades Child Abuse
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with child abuse in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-3623, the penalties, and the defenses that matter most.
Is child abuse a felony in Arizona?
Yes. Child abuse under A.R.S. § 13-3623 is always a felony, ranging from a Class 6 up to a Class 2. The class depends on the circumstances of the conduct and your mental state, and there is no misdemeanor version of the charge.
Awards & Recognition
Our recognition for Phoenix violent crime defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
- National Trial Lawyers Top 40 Under 40
- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix violent crime lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
What is the punishment for child abuse in Arizona?
It depends on the circumstances and mental state. Under circumstances not likely to cause serious injury it ranges from a Class 6 to a Class 4 felony, while under circumstances likely to cause death or serious injury it ranges up to a Class 2. Intentional abuse of a child under 15 is a DCAC with mandatory prison of roughly 10 to 24 years.
What is a Dangerous Crime Against Children in Arizona?
A DCAC under A.R.S. § 13-705 is a category of serious offenses against children under 15, including intentional or knowing child abuse under circumstances likely to cause death or serious injury. DCAC convictions carry mandatory prison, no probation, and counts that often run consecutively.
Can you be charged with child abuse for an accident in Arizona?
You should not be, but it happens. Many injuries the State calls abuse are accidental falls, household injuries, or the result of a medical condition. Independent medical and biomechanical experts can show the injury is consistent with an accident, which can defeat the charge.
Does child abuse include neglect in Arizona?
Yes. If you have care or custody of a child and permit the child to suffer injury, to have their health endangered, or to be placed in a dangerous situation, including failing to provide needed care, that is charged as child abuse under A.R.S. § 13-3623, even without an affirmative act.
Can child abuse charges be dismissed in Arizona?
Often, yes. By attacking medical causation, defeating the intentional mental state or the ‘dangerous’ circumstances, showing lawful discipline, or exposing false allegations, a child-abuse charge can be reduced to a lower class, have a DCAC designation removed, or be dismissed entirely.
How Arizona Grades Child Abuse
The same allegation can be a Class 6 felony or a Class 2 Dangerous Crime Against Children. The circumstances and the mental state, not just the injury, decide which.
| Circumstances | Mental State | Felony Class | Exposure (First Offense)* |
|---|---|---|---|
| Other circumstances | Criminal negligence | Class 6 | Probation to 2 years |
| Other circumstances | Intentional / knowing | Class 4 | 1 to 3.75 years |
| Likely death / serious injury | Criminal negligence | Class 4 | 1 to 3.75 years |
| Likely death / serious injury | Reckless | Class 3 | 2 to 8.75 years |
| Likely death / serious injury (child under 15) | Intentional / knowing | Class 2 DCAC | 10 to 24 years (mandatory) |
*Exposure depends on the child’s age, priors, and aggravators. DCAC sentences are mandatory prison and counts may run consecutively.
What the State Must Prove for Child Abuse
To convict you of Child Abuse under A.R.S. § 13-3623, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1A child. The victim was under 18 (the statute also covers vulnerable or incapacitated adults).
- 2The prohibited result. The child suffered physical injury, had their health endangered, or was placed in a situation endangering their health, by your act or, with care or custody, your failure to act.
- 3The circumstances. Whether the conduct occurred under circumstances likely to produce death or serious physical injury, or other circumstances, which sets the tier.
- 4The mental state. You acted intentionally or knowingly, recklessly, or with criminal negligence, the mental state the State must prove for the class charged.
Examples of Conduct Charged as Child Abuse
- An injury to a child the State alleges came from abuse rather than an accident
- Leaving a young child unsupervised or in a dangerous situation
- Exposing a child to drugs, drug activity, or domestic violence in the home
- Failing to get a child needed medical care (alleged neglect)
- Excessive physical discipline that leaves a bruise or injury
What Sentence Could You Actually Face?
Child abuse exposure ranges from probation on a Class 6 to mandatory decades of prison on a Class 2 DCAC. Where you fall depends on the circumstances, your mental state, and the child’s age.
Class 6 / 5 / 4
Other Circumstances
Class 4 / 3
Likely Injury (Reckless/Neg.)
Class 2 DCAC
Intentional, Child Under 15
⚠ DCAC Means Mandatory Prison
When intentional or knowing child abuse under dangerous circumstances targets a child under 15, A.R.S. § 13-705 makes it a Dangerous Crime Against Children, removing probation and requiring mandatory prison, with multiple counts often running consecutively. Moving the case out of the intentional/dangerous tier, often through medical causation, is the core of the defense.
How We Fight Arizona Child Abuse Cases
Every case has weak points. These are the defenses we look at first.
Medical Causation & the Evidence
It Was an Accident, Not Abuse. Many injuries the State calls abuse are accidental falls or household injuries. Independent medical and biomechanical experts can show the injury is consistent with an accident.
Medical or Pre-Existing Condition. Conditions like bone-fragility disorders, bleeding disorders, infections, or birth-related injuries can mimic abuse, and a misdiagnosis can collapse the State’s case.
Someone Else Caused the Injury. Where multiple caregivers had access to the child, the State must prove you, not another person, caused or permitted the harm.
Not ‘Likely to Cause Death or Serious Injury.’ Challenging whether the circumstances met the (A) tier, or whether the mental state was intentional, can drop the class and defeat a DCAC allegation.
Intent, Conduct & Constitutional Defenses
Lawful Discipline. Arizona allows reasonable physical discipline of a child by a parent or guardian; conduct within that right is not child abuse.
No Criminal Mental State. The State must prove intent, knowledge, recklessness, or criminal negligence. A reasonable, good-faith parenting decision is not a crime.
False or Exaggerated Allegations. Common in custody and divorce disputes and in mandatory-reporter referrals, where motive, bias, and suggestive interviews undermine the claim.
Unlawful Statements or Search. Admissions made to police or DCS without proper warnings, or evidence from an unlawful search, can be suppressed and excluded.
The Experts We Bring to the Table
The State builds assault cases with police, ER records, and a one-sided narrative. We answer with specialists who test every piece of it.
Medical & ER Experts
Injury Severity
Independently review the medical records to challenge whether the injury meets Arizona’s narrow definition of ‘serious physical injury,’ which drives the felony class.
Use-of-Force Experts
Reasonableness
Evaluate whether the force used was reasonable and justified under the circumstances, central to a self-defense claim.
Video & Scene Analysts
Surveillance & 911
Recover and analyze surveillance footage, body-worn camera, and 911 audio that often show who the real aggressor was.
Forensic & Wound Experts
Mechanism of Injury
Assess whether the wounds and the alleged weapon are consistent with the State’s account, and with the defense version.
Eyewitness-ID Experts
Identification
Expose the well-documented unreliability of eyewitness identification in chaotic, fast-moving incidents.
Psychological Experts
Threat & Perception
Explain perception of threat and reaction under stress, supporting the reasonableness of a defensive response.
Recent Child Abuse Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles child abuse cases across Arizona.
Alleged Abusive Injury
Charges Dismissed
Our medical experts showed the child’s injury was consistent with an accidental fall, not abuse, and the case was dismissed.
DCAC Allegation
Reduced, DCAC Defeated
We defeated the intentional mental state and the ‘dangerous’ circumstances, removing the mandatory-prison DCAC designation.
Medical Misdiagnosis
Charges Dismissed
An undiagnosed bone disorder explained the fractures the State blamed on abuse, and the charge was dismissed.
Multiple-Caregiver Case
Not Guilty
We showed the State could not prove which caregiver caused the injury, and the jury acquitted our client.
Alleged Neglect / Endangerment
Reduced to Probation
We resolved a contested endangerment allegation to a probation outcome, avoiding prison and preserving family reunification.
Custody-Dispute Allegation
Charges Dropped
We exposed the accusation as leverage in a custody battle, with a suggestive child interview, and the State dropped the case.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best child abuse lawyer in Arizona, a DCAC defense attorney in Phoenix, help with a child endangerment or neglect allegation, or an A.R.S. 13-3623 defense. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend child abuse and other violent crime cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona violent crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Child Abuse FAQs
Quick answers to the questions we hear most about child abuse charges, penalties, and defenses in Arizona.
Is child abuse a felony in Arizona?
Yes. Child abuse under A.R.S. 13-3623 is always a felony, ranging from a Class 6 up to a Class 2. The class depends on the circumstances of the conduct and your mental state. There is no misdemeanor version of the charge.
What is the punishment for child abuse in Arizona?
It depends on the circumstances and mental state. Under circumstances not likely to cause serious injury, it ranges from a Class 6 (probation to 2 years) to a Class 4 felony. Under circumstances likely to cause death or serious injury, it ranges from a Class 4 up to a Class 2, and intentional abuse of a child under 15 is a DCAC with mandatory prison of roughly 10 to 24 years.
What is a Dangerous Crime Against Children?
A DCAC under A.R.S. 13-705 is a category of serious offenses against children under 15, including intentional or knowing child abuse under circumstances likely to cause death or serious injury. DCAC convictions carry mandatory prison, no probation, and counts that often run consecutively, making them among the most severely punished crimes in Arizona.
Can I be charged with child abuse for an accident?
You should not be, but it happens often. Many injuries the State alleges are abuse turn out to be accidental falls, household injuries, or the result of a medical condition. Independent medical and biomechanical experts can show the injury is consistent with an accident, which can defeat the charge.
Does child abuse include neglect in Arizona?
Yes. If you have care or custody of a child and permit the child to suffer injury, to have their health endangered, or to be placed in a dangerous situation, including failing to provide needed care, that is charged as child abuse under A.R.S. 13-3623, even without an affirmative act.
How does the State prove child abuse?
The State must prove a child suffered injury or endangerment, the circumstances tier, and your mental state, intentional, knowing, reckless, or criminally negligent. The weakest points are usually medical causation (abuse versus accident or illness) and which caregiver, if any, was responsible.
Is spanking or discipline child abuse in Arizona?
Not by itself. Arizona allows a parent or guardian to use reasonable physical discipline of a child. Discipline becomes criminal only when it exceeds what is reasonable and causes injury or endangerment, so the line between lawful discipline and abuse is often a key issue.
Will a child abuse charge affect my custody or parental rights?
Yes. A child-abuse allegation typically triggers a parallel Department of Child Safety (DCS) investigation that can affect custody and, in serious cases, parental rights, separate from the criminal case. It is important to have counsel who understands how the criminal and DCS cases interact.
Can child abuse charges be reduced or dismissed?
Often, yes. By attacking medical causation, defeating the intentional mental state or the ‘dangerous’ circumstances, showing lawful discipline, or exposing false allegations, a child-abuse charge can be reduced to a lower class, have a DCAC designation removed, or be dismissed entirely.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Child abuse (A.R.S. § 13-3623) covers causing or permitting injury, endangerment, or neglect of a child under 18.
- The grade turns on two factors: the circumstances (likely to cause death/serious injury or not) and the mental state.
- Under circumstances likely to cause death or serious injury: intentional/knowing is a Class 2, reckless a Class 3, criminal negligence a Class 4 felony.
- Under other circumstances: intentional/knowing is a Class 4, reckless a Class 5, criminal negligence a Class 6 felony.
- Intentional or knowing abuse of a child under 15 in dangerous circumstances is a Dangerous Crime Against Children (§ 13-705) with mandatory, often consecutive, prison.
- The case often turns on medical causation, whether the injury was abuse or an accident, illness, or pre-existing condition.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.