Injury to a Child, Elderly, or Disabled Person in Texas

In Texas, assault offenses become significantly more serious when the victim is a member of a vulnerable population. Under Texas Penal Code §22.04, causing injury to a child, elderly person, or disabled individual is treated as a standalone and highly punishable felony offense. The law imposes harsh penalties—even for first-time offenders—and prosecutors in Harris County and Galveston County pursue these cases with zero tolerance.

If you or someone you know has been accused of this crime, it’s critical to understand the law, how these cases are prosecuted, and what you’re up against.

In this post, we’ll explain:

Who qualifies as a child, elderly, or disabled person under Texas law

How injury is defined

The various levels of felony charges

Real-life examples of this offense

Potential penalties

How courts treat these cases in Harris and Galveston Counties

Why working with a skilled lawyer near you is essential

Who Is Protected Under Texas Penal Code §22.04?

Texas law defines the following groups as protected classes under the injury statute:

Child

Anyone under the age of 15

Elderly Individual

Anyone 65 years of age or older

Disabled Individual

A person with physical, intellectual, or developmental disabilities that substantially impair their ability to care for themselves. This includes individuals with mental illness, cognitive impairments, or mobility challenges.

Unlike general assault charges, prosecutors do not have to prove the assault was aggravated. The victim’s status alone can elevate the charge to a felony.

What Constitutes “Injury” Under This Law?

Texas defines injury broadly. You don’t have to break bones or cause permanent harm. The statute recognizes:

Bodily injury: Any physical pain, illness, or impairment

Serious bodily injury: Injury that creates a risk of death, permanent disfigurement, or loss of bodily function

Mental impairment: In some cases involving emotional trauma or psychological harm, especially to disabled individuals

For example, pushing a disabled person to the floor or slapping an elderly person in frustration could result in criminal charges—even if the physical harm appears minor.

Levels of Offense and Penalties

The offense classification depends on:

The type of injury

The intent or mental state of the accused

The relationship between the defendant and the victim (e.g., parent, caregiver, stranger)

Here’s how Texas law breaks it down:

State Jail Felony

If the injury was caused by criminal negligence

Punishable by 180 days to 2 years in state jail

Fine up to $10,000

Third-Degree Felony

If the injury was caused recklessly

Punishable by 2 to 10 years in prison

Fine up to $10,000

Second-Degree Felony

If the injury was caused intentionally or knowingly

Punishable by 2 to 20 years in prison

Fine up to $10,000

First-Degree Felony

If the injury was serious bodily injury and caused intentionally or knowingly

Punishable by 5 to 99 years or life in prison

Fine up to $10,000

Real-Life Examples of Injury to a Child, Elderly, or Disabled Person

Example 1: Injury to a Child A father disciplines his child using a belt, leaving deep bruises. The child’s teacher reports the marks. Even though the father claims it was discipline, prosecutors charge him with intentional bodily injury to a child—a second-degree felony.

Example 2: Injury to an Elderly Person A caregiver pushes a 70-year-old patient during an argument, causing the patient to fall and break a wrist. The caregiver is charged with first-degree felony injury to an elderly individual.

Example 3: Injury to a Disabled Individual A group home staff member slaps a non-verbal adult with developmental disabilities. The incident is caught on surveillance. The staff member is arrested and charged with third-degree felony injury to a disabled individual.

Even if the accused believed they were acting in defense, or the injury seems minimal, Texas law provides no margin for error in these situations.

How These Cases Are Handled in Harris and Galveston Counties

Harris County

Prosecutors in Harris County take a zero-tolerance approach, especially in child or elder-related cases

Special Victims Units (SVU) often handle these cases, including prosecutors trained in sensitive evidence collection and victim testimony

Bond conditions typically include no contact with the victim and mandatory GPS monitoring

Protective orders and removal of children from the home are common

Galveston County

Judges and prosecutors in Galveston County take a strict stance, particularly with caregivers, teachers, and parents accused of abuse

Defendants may face immediate arrest and be held without bond

Even first-time offenders may be offered little or no plea reduction

Cases involving nursing home abuse or group homes are aggressively prosecuted

Collateral Consequences of a Conviction

In addition to prison time and fines, a conviction for injury to a child, elderly, or disabled person can result in:

Permanent felony record

Loss of parental rights

Termination from caregiving or healthcare jobs

Immigration consequences (deportation or denial of status)

Loss of firearm rights

Damage to reputation and future employment opportunities

This charge is considered a crime of moral turpitude, which can affect everything from state licensing to child custody disputes.

Common Defenses to These Charges

Because these cases are emotionally charged and often involve minimal physical evidence, there are several defense strategies that may apply:

Accidental Injury

You did not act intentionally or knowingly. The injury occurred accidentally during routine care or discipline.

Lack of Criminal Negligence

You were acting reasonably, given the circumstances. There was no gross deviation from normal conduct.

False Accusation

Someone with a personal agenda may have exaggerated or fabricated the story—especially in custody battles or group home complaints.

Parental Right to Discipline

In injury to a child cases, Texas allows reasonable corporal punishment by a parent or guardian. The defense may argue the discipline was not excessive.

Insufficient Evidence

No witness, video, or medical record supports the claim—or the evidence doesn’t match the alleged injury.

Your attorney will gather medical records, school or facility reports, prior CPS or APS history, and witness testimony to build your defense.

Why You Need a Criminal Defense Lawyer Near You

Injury to a child, elderly person, or disabled individual is not just another assault charge. It carries enhanced penalties, strict procedural rules, and long-lasting social consequences. The prosecution will often take the side of the alleged victim immediately—and it’s your lawyer’s job to protect your rights, challenge the facts, and present your side of the story.

At the Law Office of JL Carpenter, we’ve successfully defended clients facing these highly sensitive charges in Harrisand Galveston Counties. As a former felony prosecutor, JL understands how these cases are built—and how to break them apart through careful investigation and strategic legal defense.

If you or someone you care about is being investigated or charged, contact us immediately.

Call (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ to schedule a confidential consultation with a lawyer near you who has the experience and discretion these cases require.