Being arrested on a child abuse charge in Ann Arbor can feel like everything is collapsing at once. Your children, your home, your reputation, and your freedom may all seem to be at risk before you’ve had a chance to tell your side of the story. That is a frightening place to be, and it is one where having the right legal representation matters enormously.
Geherin Law Group, PLLC is a criminal defense law firm based in Ann Arbor that defends parents and caregivers facing child abuse charges throughout Washtenaw County and the surrounding area. Our attorney, Danial T. Geherin, is a board-certified trial lawyer for criminal defense. He and the rest of our team understands what is at stake in these cases and how quickly the situation can escalate once law enforcement and Child Protective Services (CPS) become involved.
Michigan law defines child abuse as harm or threatened harm to a child’s health or welfare through non-accidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment. The person responsible tends to be someone with a duty of care for the child, such as a parent, guardian, teacher, member of the clergy, or any other individual responsible for the child’s welfare.
Michigan law does recognize that parents and guardians have the right to discipline their children, including through reasonable physical discipline. The line between lawful discipline and criminal child abuse often comes down to whether the force used was reasonable or excessive, and whether the child suffered physical injury or emotional harm as a result.
Child abuse charges in Michigan carry serious penalties that can affect nearly every part of your life. Before getting into the legal elements of the crime, it helps to understand what you may be facing.
Michigan law classifies child abuse into four degrees, and the consequences vary based on the degree charged:
Beyond incarceration, a conviction can also result in:
These consequences are not limited to the person convicted. They affect entire families. Children may be removed from the home. Custody arrangements may change. And the social stigma tied to a child abuse charge can be difficult to overcome even when charges are ultimately reduced or dismissed.
In most cases, a child abuse investigation in Ann Arbor involves two parallel tracks: a criminal investigation by law enforcement and a civil investigation by Michigan’s Children’s Protective Services (CPS), which is a division of the Michigan Department of Health and Human Services (MDHHS).
CPS is required to begin its investigation within 24 hours of receiving a report. That investigation typically includes face-to-face interviews with the child, the caregiver, the alleged perpetrator, and other people connected to the family. CPS investigators will also review police reports, medical records, school records, and prior CPS case files. They may visit your home.
The standard CPS uses to determine whether abuse occurred is called a preponderance of evidence, meaning they only need to find it more likely than not that abuse took place. That is a much lower bar than the “beyond a reasonable doubt” standard required for a criminal conviction. This means CPS can take action against a family even in cases where the evidence would not be strong enough to support a criminal conviction.
Mandatory reporters, meaning professionals like teachers, doctors, and social workers who are required by law to report suspected abuse, often trigger investigations. A physician at the University of Michigan Health system noticing an unusual injury, a school counselor in the Ann Arbor Public Schools reporting a concerning statement, or a pediatric nurse at C.S. Mott Children’s Hospital documenting a suspicious bruise can all set this process in motion. These professionals are acting in good faith, but their reports do not always reflect the full picture.
Once a criminal investigation begins, the Ann Arbor Police Department or the Washtenaw County Sheriff’s Office may become involved. Felony child abuse charges are typically processed through the Washtenaw County Trial Court, located at 101 E. Huron Street in downtown Ann Arbor. Misdemeanor matters may start at the 14A-1 District Court on Washtenaw Avenue, where preliminary hearings and arraignments are often handled before a case moves to the circuit court level.
A charge is not a conviction. The prosecution carries the burden of proving every element of the offense beyond a reasonable doubt, and there are often meaningful ways to challenge the evidence.
Some defenses that may apply, depending on the facts of your case, include:
Actually, one point that often gets overlooked: the way an initial interview with a child was conducted can significantly affect the reliability of the child’s statements. Interview techniques matter. An attorney familiar with these cases may be able to challenge whether the child’s account was shaped by leading questions or repeated interviews.
After an arrest, the process moves quickly and can feel overwhelming if you are not prepared. Here is a general overview of what to expect:
Having an attorney who understands both the criminal and the CPS sides of these cases is important. The two tracks can affect each other, and decisions made in one proceeding can have consequences in the other.
A child abuse charge in Ann Arbor puts you up against prosecutors, CPS investigators, social workers, and potentially expert witnesses, all at the same time. An experienced criminal defense lawyer can help level that playing field in several important ways.
First, an attorney can conduct an independent investigation. That means reviewing medical records, interviewing witnesses, and consulting with independent medical experts who can offer an alternative explanation for the injuries at issue.
Second, an attorney can challenge the prosecution’s evidence before trial. Pretrial motions may be used to suppress statements, exclude unreliable evidence, or challenge the methods used to interview child witnesses.
Third, an attorney can negotiate with the Washtenaw County Prosecutor’s Office. In some cases, charges may be reduced or dismissed based on weaknesses in the evidence. In others, a negotiated resolution may be possible that avoids the most severe penalties.
Fourth, an attorney can help you navigate the CPS process at the same time as the criminal case. Knowing how to respond to CPS, what to say, and what not to say, can affect whether your children remain in the home and whether your parental rights are protected.
Not every criminal defense attorney has experience with child abuse cases specifically. These cases involve unique issues, including forensic medical evidence, child witness testimony, CPS involvement, and the intersection of criminal and family court proceedings.
An attorney who handles these matters regularly will know how to work with medical experts, how to challenge interview techniques used with child witnesses, and how to manage the parallel CPS case in a way that protects your family. They will also know the Washtenaw County courts, the prosecutors who handle these cases, and the standards that judges apply.
Geherin Law Group, PLLC takes these cases seriously and approaches each one with the attention it deserves. We represent parents, guardians, and caregivers in Ann Arbor and throughout the surrounding communities, including Ypsilanti, Saline, Chelsea, Milan, and Dexter.
If you have been arrested or believe you are under investigation for child abuse in the Ann Arbor area, contact our law office to speak with an attorney about your situation. The sooner you get legal counsel involved, the more effectively your rights can be protected.
