Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Criminal Practice / Criminal Practice – Child Abuse – Serious Physical Injury & Serious Bodily Injury

Criminal Practice – Child Abuse – Serious Physical Injury & Serious Bodily Injury

Holding: Defendant broke his six-year-old daughter’s leg. Although the injury caused her severe pain for several months, it was never life-threatening and it left her with no physical consequences other than fading surgical scars. Therefore, defendant inflicted “serious physical injury” on his daughter but not “serious bodily injury.”

We reverse defendant’s conviction of child abuse intentionally inflicting serious bodily injury and remand for resentencing on intentional child abuse inflicting serious physical injury.

State v. Dixon (Lawyers Weekly No. 011-067-18, 15 pp.) (John Tyson, J.) Appealed from Cleveland County Superior Court (Robert Ervin, J.) M. Elizabeth Guzman for the state; Anne Bleyman for defendant. N.C. App.

 


Leave a Reply

Your email address will not be published. Required fields are marked *

*