Suspicious Fracture Accusations Defense Attorneys
Defending Against Suspicious Fracture Accusations in Seattle
Allegations of child abuse can arise from multiple fractures, unexplained breaks, or injuries that seem inconsistent with accidental trauma. When doctors suspect that a child's fracture is caused by abuse, it can be devastating for the accused parent.
Child abuse allegations tear families apart and ruin lives. More than your freedom is at risk, and you may feel completely alone. But you're not. The compassionate attorneys at Marshall & Saunders are here to listen without judgment and advocate fiercely for you. No matter what, we're on your side.
What Qualifies as a Suspicious Fracture?
The Essence of a Suspicious Fracture Accusation
Doctors sometimes label unexplained fractures as “non-accidental injuries” because they think they couldn’t have happened except in the course of physical abuse. Understanding why certain fractures raise suspicion is crucial for mounting a successful defense in these cases.
Here are a few common types of suspicious fractures:
- Bucket-handle fractures: These fractures of the long bones in the arms and legs have a distinctive appearance on X-rays and are often associated with twisting injuries.
- Fractures in non-mobile infants: Young infants who can't yet crawl or walk usually don’t sustain fractures. As such, trauma in this age group often raises red flags.
- Multiple fractures of different ages: When several fractures seem to have occurred over time, it can suggest repeated incidents of abuse.
- Fractures in certain areas: Femur, tibia, skull, and rib fractures can all be considered suspicious under certain circumstances.
Anytime child abuse is suspected, physicians will look for additional signs of trauma.
Skeletal Surveys
A basic first step is to take a skeletal survey of the child — a set of X-rays covering the entire skeleton — in search of other fractures.
Suspicious Bruising
Bruises can also raise suspicion. Active children often receive bruises, but when they fall, certain surfaces of the body rarely take any impact; bruises on those surfaces raise suspicion. The shape of a bruise can also suggest abuse, with some linear bruises suggesting lashing or restraint with a cord.
Burns and Cuts
Like bruises, burns can have shapes that suggest that they were inflicted intentionally. Similarly, cuts aren’t infrequent injuries with active children, but not in all areas of the body and not in all shapes.
Notably, the search for evidence of child abuse isn’t limited to a single child. Physicians may examine the child’s brothers and sisters to see if they also have suspicious injuries, perhaps inflicted by the same caregiver.
Siblings are involved in these cases in another way, too. If both parents are suspects, all their children — not just the one with the injury — may be taken and placed in foster care while the case is pending.
Washington Laws on Child Abuse and Neglect
Under Washington law, child abuse has a specific definition that’s characterized by the infliction of physical injury, sexual abuse or exploitation, or negligent treatment or maltreatment.
Those who are believed to have committed child abuse can face criminal charges. Some of these are covered under RCW 9A.36.120, 9A.36.130, and 9A.36.140. The exact charges will depend partly on the child's age and the extent of their injuries. Apparent abuse is often charged as "assault of a child.”
Many professionals are legally obligated to report suspected abuse. They include:
- Medical professionals
- Teachers and school personnel
- Mental health professionals
- Social service counselors
- Law enforcement officers
Attorneys are NOT mandated to report child abuse. An accused person can speak freely with their attorney, without fear that the attorney will report what they say they've done.
The mandatory reporting law makes it risky for a doctor or other covered professional to decline to file a child abuse report even when child abuse is not clear. That's one reason having experienced legal counsel is crucial if you’re facing suspicious fracture allegations.
Penalties for Child Abuse-Related Fractures
The criminal penalties for assault of a child convictions in Washington are based on several different factors. Here are standard sentencing ranges for a person with no prior conviction who is convicted of only one count:
- 1st degree (Class A felony): Typically carries a sentence of 93 to 123 months in prison, but can be longer if there are aggravating factors.
- 2nd degree (Class B felony): Usually carries a range of 31 to 41 months.
- 3rd degree (Class C felony): Typically carries a range of 1 to 3 months.
Sentencing is complex and depends on multiple factors, including the nature of the offense, the defendant's history, and specific circumstances surrounding the case. Severe injuries or harm to the child can lead to longer sentences. An accused’s criminal history can increase the sentence. Factors such as the use of a weapon, premeditated intent, or the abuse being particularly cruel can also lead to longer sentences.
Judges are required to consider mitigating factors when they choose a sentence. Factors such as lack of prior criminal history, evidence of remorse, or circumstances that led to the offense can reduce a sentence.
In most cases with convictions on multiple counts, the sentences for each count run concurrently, meaning the longest individual sentence is, in effect, the length of the total sentence.
In addition to criminal penalties, a conviction can result in:
- CPS requirements for restoring the person's contact with their children
- Loss of child custody or visitation
- Termination of parental rights in severe cases
- Difficulty finding employment and housing
- Negative impacts on professional licensing and reputation
Even if the accused person isn’t convicted, the mere accusation of child abuse can lead to disruptive investigations, family separation, and lasting stigma. Consequently, swift intervention by a skilled defense attorney is critical.
Other Consequences of a Suspicious Fracture Accusation
Beyond criminal penalties, a suspicious fracture accusation can severely impact your life. Those accused often face immediate separation from their children, loss of custody or visitation rights, and mandatory parenting classes and counseling. Long-term CPS monitoring typically follows, along with professional license restrictions and challenges finding housing or employment. The accusation alone can permanently damage your reputation and strain family relationships, even before any legal proceedings begin.
Who Typically Gets Suspected of Child Abuse?
Anyone who had private access to the child at the time of the injury can be a suspect. Even a parent who wasn’t alone with the child can be suspected because the authorities may think the other person present (say, the suspect's spouse) is not willing to say what they saw happen.
Determining when the injury occurred and, therefore, who is a suspect, usually isn’t easy. Fractures and bruises both change in appearance as they heal, but the rate of change varies from one injury to another — no one can date injuries by their appearance with any precision.
Suspicious-fracture cases often involve infants and toddlers. Since these children are too young to talk much, they may not be able to tell a physician how they got hurt.
Regardless, children of any age can be deemed to have suspicious fractures. Even if the child reports being injured in an accident, physicians and police may conclude that the child is lying to protect their parent.
Don't Let Suspicion Turn Into Conviction
False accusations are an unfortunate reality. Our experienced attorneys know how to challenge flawed medical opinions and protect your rights. Trust us to fight for you.
Key Challenges in Defending Against Suspicious Fracture Accusations
Mounting a successful defense against allegations of child abuse is a difficult task, but it can be done with the right methods. Here are some of the challenges a defense attorney might face:
Interpreting Medical Evidence
The interpretation of medical records and imaging studies is crucial in suspicious fracture cases.
Defense attorneys often engage independent physicians to review skeletal surveys, other X-rays, and other medical evidence. These experts can help differentiate between fractures attributable to abuse and those that occurred accidentally, perhaps due to underlying medical conditions.
Ruling Out Alternative Explanations
If there doesn't seem to be a simple explanation for the fractures, it’s worth asking whether the bones may be unusually fragile. Conditions like osteogenesis imperfecta or metabolic bone disease can cause abnormal bone weakness. So can rickets, which results from extreme vitamin D deficiency.
Since we get most of our vitamin D from the sun, the increased use of sunblock to prevent skin cancer has increased rates of vitamin D deficiency. In higher latitudes, the sun isn’t out for long during the fall and winter months, so vitamin D deficiency is particularly common in those places.
If the child in question is a baby, they may have been affected at the time of the injury by the mother's vitamin D deficiency during pregnancy.
Pressure on the Non-Accused Parent
In many cases, one parent is suspected of assaulting the child, and the other is under no suspicion. The non-suspected parent's legal position can nonetheless be quite delicate.
If the non-suspected parent seems unwilling to believe that the suspected parent abused the child, CPS agents may deem him or her “unprotective.” In other words, they decide that the non-suspected parent can’t be trusted to protect the child from further abuse. For this reason, they could seek to put the child in foster care.
Defenses Against Suspicious Fracture Accusations
If you’re facing allegations of causing suspicious fractures to a child, your legal counsel may be able to apply one of several compelling defense strategies, including the following:
Medical Conditions or Fragility
Some children have underlying medical conditions that make their bones more susceptible to fractures. Examples of such conditions include:
- Osteogenesis imperfecta: A genetic disorder that causes brittle bones.
- Rickets: Caused by severe vitamin D deficiency that weakens bones.
- Maternal vitamin D deficiency: Can affect bone development in infants.
Your defense lawyer will work with medical experts to see if one of these conditions might be the cause of your child’s injuries.
Accidental Injury
Not all unexplained fractures are the result of abuse. We thoroughly investigate potential accidental causes, such as:
- Falls from furniture or play equipment
- Home environment hazards
Misinterpretation of Medical Evidence
Medical professionals in children's hospitals and emergency departments sometimes misinterpret findings. We work with the following types of expert witnesses to challenge these interpretations:
- Radiologists: Provide authoritative opinions on X-rays, CT scans, and MRIs and offer insights into the cause and extent of injuries.
- Pathologists: Study body tissues to understand the causes of injuries or illnesses, offering valuable insights for the defense.
- Pediatricians: While pediatricians focus on all aspects of child health, they can sometimes testify on bone health and injuries.
- Emergency physicians: Possess knowledge of traumatic injuries and assessments, often providing valuable perspectives on the circumstances surrounding the injury.
We might also collaborate with biomechanics experts. These professionals can explain the mechanical laws of movement and structure, helping to determine whether a specific injury could have resulted from a particular mechanism of injury.
Inadequate Investigation of Other Possible Causes
Our team will carefully examine the child's entire medical history, as well as the circumstances surrounding the injury. This may include:
- Reviewing the child's developmental stage and physical abilities.
- Examining accidents or falls that may have been overlooked.
- Interviewing witnesses, including other family members or caregivers.
By taking these measures, we can find possible causes of the child's injury other than physical abuse.
False Accusations
In some cases, accusations arise from misunderstandings, custody disputes, or other motivations. We’ll hunt for possible ulterior motives or evidence of deception in the allegations by:
- Interviewing social workers involved in the case.
- Reviewing the attending physician's notes and interpretations.
- Examining any history of family conflicts or custody issues.
- Investigating potential motivations for false accusations.
You shouldn’t lose your freedom because you’ve been falsely accused of a crime. We’ll work tirelessly to prevent that from happening.
Word from a Client We Defended
Supported with compassion, competence, clarity and creativity.
All of the above (and more) is what I am receiving from my partnership in working with Josh Saunders from The Marshall Defense Firm. From my very first interactions with Josh, I knew I was in great hands as I felt he not only listened, but that he TRULY listened in a way that I knew I was being heard. The false accusations against me were devastating and turned my world upside down. It was Josh's steady hand, guidance and his trust and belief in me that helped right this ship and has gotten me through some pretty stormy moments. Josh didn't spin any fairy tales to make me feel better, but rather provided outstanding clarity as to the process that lay before us and did so with not only with his keen professional competence, but also with the utmost of compassion and a high degree of creativity in bringing to light subtle details that I had not even considered. As we interviewed with investigators, Josh always displayed the epitome of respect towards whomever he was addressing and I believe in doing so, has been able to gain a number of concessions that will strengthen our case as we move forward. And while my particular outcome still remains to be seen, I absolutely know that I am more than well cared for through all of Josh's stellar efforts on my behalf. I no longer wake up in the morning with this nightmare staring squarely at me and for this alone I am truly most grateful!
Don't Face These Accusations Alone
If you or a loved one has been blamed for a child's fracture or other injury, you may feel overwhelmed and uncertain about your future. You don't have to navigate this difficult time on your own. Our experienced attorneys are here to listen to you, explain your legal options, and fight to protect your rights and reputation.
Skilled Defense from Experienced Attorneys
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David S. Marshall
Attorney- Focused on defending individuals accused of sex crimes, child abuse, and domestic violence for more than 25 years
- Lectures other attorneys on trial advocacy techniques
- Sought out by accused individuals up and down the West Coast
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Joshua R. Saunders
Attorney | Of Counsel- Impressive record of trial victories, including acquittals in cases of child molestation, child abuse, domestic violence, manslaughter, and others
- Over a decade of experience as a supervisor for other attorneys in public defense
- Has handled over 3,000 cases as a criminal defense lawyer
Our Process for Defending Against Suspicious Fracture Accusations
At Marshall & Saunders, we understand how stressful suspicious fracture accusations can be. We reduce that stress by stepping in with vigorous legal advocacy. Here’s how we approach every case:
Compassionate ConsultationWe’ll take time to listen to you.
Meticulous InvestigationWe’ll carefully examine all available evidence, including medical records.
Network of ExpertsWe’ll consult with and retain medical professionals to challenge the prosecution’s theories.
Pretrial AdvocacyWe’re prepared to file motions to exclude unreliable evidence.
Trial ExperienceWe know how to present a compelling defense narrative to judges and juries.
Why Choose Us as Your Defense Law Firm?
Our capable team is dedicated to providing the trustworthy legal representation and support our clients need during difficult times. Here's why you should consider working with us:
- Decades of experience defending against child abuse allegations
- Deep understanding of the medical complexities of these cases
- Empathetic approach
- History of successful defenses
We understand that this is more than just a legal case — your future, and maybe your family’s future, is on the line. We're ready to do everything that can be done.
Get a Legal Defense You Can Count On
Our team has decades of experience pushing back against charges like this, and we're determined to protect your rights, your reputation, and your future.
Call us today at (206) 826-1400 to schedule a consultation with a seasoned, non-judgmental defense attorney.
901 Fifth Avenue, Suite 2800
Seattle, Washington 98164
You will receive a response from us within 1 - 2 business days.