When parents are accused of abuse or serious neglect of their children, the criminal justice system does not generally react with pity or forgiveness. When serious injury or death results from that neglect, the penalties imposed will be severe. In one New York case recently a mother residing in the Hudson Valley has been charged with the felony charges of criminally negligent homicide in the death of her 10-month-old baby.
Authorities say that the woman left the baby alone in the bathtub for an unacceptable amount of time. The child was taken to a hospital after the baby’s father came home from work and unsuccessfully administered CPR on the child. She was pronounced dead at the hospital. A case like this raises special concerns for the accused person’s defense attorney.
In some cases, the evidence will be overwhelming that there was a neglectful action. Sometimes, an individual may suffer from mental deficiencies that cause them to lose focus of what they are doing. A parent could even forget momentarily that the child is in a bathtub. In other cases, the facts may be more incriminatory, with gross negligence causing more severe consequences and charges for the defendant.
The reporting of this incident is sketchy and the mother’s defense attorney will have to make a detailed investigation of the facts. If the prosecution is built on an exaggerated foundation of facts and the event was surrounded by mitigating circumstances, counsel will prepare an aggressive defense to the felony charges pursuant to the provisions of New York law. Where the evidence is overwhelming, counsel will work to obtain the best sentence under the circumstances. All mitigating factors must be established at sentencing and put forth in the strongest way to benefit the defendant.
Source: pix11.com, “New York mother arrested after infant daughter drowns in bathtub”, July 11, 2016