Shaken Baby Injury and Deaths
You or someone you love has experienced the terrible injury or death of a child. But before you even have a chance to grieve, the government has brought charges against you of attempted murder, aggravated assault or unpremeditated murder.
Ignoring the government’s aggressive action toward you may be your first impulse. But set aside your emotional pain for a moment to consider this:
- The government has convicted service members in the past of injuring or killing their own child despite a lack of firsthand witnesses or hard evidence. The injuries alone are evidence enough of violence.
- Should the prosecution be allowed to run the table on the defense’s case, you could be facing decades of jail time, forfeitures of military pay, rank, and benefits, and a dishonorable discharge.
- The conviction will reverberate through your social life. Friends, family and loved ones will be disgusted by your actions. You will not be believed. You will not be given the benefit of the doubt.
- Child Protective Services could take your other children away. The accusations alone will likely drive a CPS investigation.
A desire to grieve is understandable, but failing to defend yourself could jeopardize your future. Now is the time to fight back against charges involving shaken baby injuries or death.
Bilecki & Tipon will defend you against an unjust prosecution that wants to see you behind bars. One call to our office is the first step to protecting your reputation.
Shaken Baby Injuries and Deaths: The Facts about Your Case
General courts-martial trials that involve a shaken baby injury and death are emotionally charged events for everyone involved. Expect the prosecution to use this emotion against you in the form of outrage and disgust. Expect the case to revolve around your reputation—both personally as a civilian and a parent, and officially as a service member of the U.S. Armed Forces.
Furthermore, expect the defense and prosecution to wage a war where medical experts take the stand and autopsy results are assessed and considered. The prosecution’s witnesses will allege that the child’s injuries could not possibly be caused by a mild fall or at random. The defense’s medical experts will make claims to the contrary.
All the while, the accusations will take their toll on the jury. Many of these jury members may have children of their own. Should the defense not control the emotion within the courtroom, the anger and rage will quickly turn to you. For this reason alone, it’s imperative that the defense team you hire is well-versed in managing their client’s reputation as well as the emotions of the courtroom.
Defending Service Members against Shaken Baby Injury or Death Charges
Winning against charges of assault or murder involving a child require aggressive representation and a strong network of expert witnesses. Fortunately for our clients, we have both.
Here are just a few of the ways we can turn the case in your favor:
- We’ll build up your reputation as a loving and caring parent. You’re less likely to be convicted if you’re portrayed as a loving father with an unblemished military record.
- We’ll hire expert medical witnesses to consult with us and possibly take the stand. These experts will review autopsy results, X-rays or other medical evidence to refute claims by the prosecution’s experts that shaking or other force could have caused the child’s injuries or death.
- The prosecution may be hard-pressed to secure a guilty verdict without first-hand witnesses. Who else had access to the child, were there other underlying medical conditions which could have contributed to the death.
It takes time to build a strong defense. Calling us TODAY could mean the difference between a not-guilty verdict and a lifetime in prison.
You Are Not Alone. Bilecki & Tipon Has Defended Other Service Members Against Charges of Child Injury or Death
Your case will require military defense attorneys with a stellar case history defending against violent crimes and vast resources at their disposal. Bilecki & Tipon has both—and we’re prepared to fight for you in court.
Beat the evidence and the odds. Hire Bilecki & Tipon and win against shaken baby deaths or injuries in the military.
Frequently Asked Questions
What Sentencing Should I Expect for Shaken Baby Injuries and Deaths?
Sentencing will depend on the original charges made by the government, the evidence in aggravation as well as the evidence in mitigation and extenuation. Convictions for these offenses almost always involve reduction to E-1, forfeiture of all pay and allowanced and typically involve significant confinement time.
Shaken baby injuries may incur charges of attempted murder which, if convicted, could lead to decades of prison, forfeitures of military benefits and pay and a dishonorable discharge.
Shaken baby deaths may start with a premeditated murder charge, which could lead to a life sentence. If the defense can reduce these charges of involuntary manslaughter, a lesser-included offense of unpremeditated murder. Jail time may be significantly limited. In either event, a dishonorable discharge is likely.
Have Service Members Won Cases of Shaken Baby Deaths or Injuries?
Yes. An outright win is possible.
One factor at play is the absence of witnesses. Many shaken baby cases do not have any firsthand accounts other than the defendant’s. It’s the father or mother’s word against the evidence of the child’s injuries.
The prosecution must prove that the injury or death of the child came from a violent encounter involving the parent. This isn’t always simple. An accidental fall or other factors may also be in play.
In U.S. v. Davis, the father explained that he had improperly secured his daughter within her car seat, and a violent movement to avoid an accident led to her fatal injuries. The prosecution failed to convince the jury that the death had been caused by shaking, although the service member was still convicted of a lesser charge of involuntary manslaughter.