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A neglect of a dependent charge can arise from a single moment, like a child left briefly in a car or a toddler who wandered off, or from a broader investigation into a family’s living conditions. These cases often run alongside a Department of Child Services investigation, which means a parent may be fighting a criminal case and a case about custody of their children at the same time. Neglect of a dependent in Indiana covers a person who has care of a dependent, whether a child or an adult who can’t care for themselves, and knowingly or intentionally places them in a situation that endangers their life or health, abandons them, deprives them of necessary support, or fails to provide needed education or medical care.
Neglect of a dependent is a Level 6 felony at its base level, carrying six months to two and a half years. The charge increases with the harm involved and the age of the dependent. It can be a Level 5 felony in certain situations, including when it results in bodily injury, a Level 3 felony when it results in serious bodily injury, and a Level 1 felony, carrying twenty to forty years, when an adult’s neglect of a child under 14 results in the child’s death. Because neglect is a felony even at its lowest level, a conviction can affect employment, housing, and future involvement with DCS.
The central question in many neglect cases is whether the person knowingly placed the dependent in danger, as opposed to an accident, a lapse in judgment, or a situation the person didn’t realize was dangerous. Indiana courts have recognized that the danger must be actual and appreciable, not simply a possibility. The defense may also focus on the conditions of the home, the reasonableness of childcare decisions, and whether medical issues were truly neglected. Statements made to DCS caseworkers can be used in the criminal case, which makes it important to get advice before speaking with them.
At RileyCate, we defend neglect of a dependent charges while keeping the related DCS and family law issues in view. Depending on the evidence, a case may be dismissed, reduced, or resolved in a way that protects your family’s future.
Neglect cases put your freedom and your family on the line at the same time, and they call for attorneys who will carefully challenge the evidence and the state’s assumptions. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been charged with neglect of a dependent or are being investigated by DCS, getting advice before you speak with anyone can protect both your case and your family. We offer a consultation to review the situation and explain your options. Reach out to RileyCate today to speak with a defense attorney.
