What Does it Mean to be Charged With Child Abuse in Michigan? (Pt 2)

May 22, 2025 Abuse and Neglect Attorney
Posted by Abuse and Neglect Attorney on

Welcome back and thanks for swinging by to wrap up this discussion about being charged with child abuse in Michigan, and what that looks like. We know it’s a tough subject and not one that any parent or caregiver enjoys, but understanding what you’re up against can go a long way towards providing peace of mind, and helping you make informed choices. As we mentioned in the previous article, “child abuse” charges cover pretty much all crimes against children unless your were driving drunk with a child in your car, or the crime was a sex crime.

A picture of a person's hands in handcuffs, reaching out as if looking to be freed.

How Is Child Abuse Charged and Punished in Michigan?

Now, let’s look at what happens after you’re charged—specifically, the potential penalties and how law enforcement and CPS investigations differ.

Understanding both is critical if you or a loved one is facing child abuse allegations in Michigan.

Penalties for Child Abuse in Michigan

Michigan law treats child abuse as a serious criminal offense. While the degree of the charge depends on the facts of the case, all convictions carry significant consequences:

First-Degree Child Abuse (MCL 750.136b(2))

  • Felony
  • Punishable by up to life in prison
  • Applies when someone knowingly or intentionally causes serious physical or mental harm to a child.

Second-Degree Child Abuse (MCL 750.136b(3))

  • Felony
  • Up to 10 years in prison for a first offense
  • Up to 20 years for second or subsequent convictions
  • Applies when a person willfully neglects a child or acts cruelly, putting the child at serious risk of harm.

Third-Degree Child Abuse (MCL 750.136b(5))

  • Felony
  • Up to 2 years in prison
  • Applies when a person knowingly or intentionally causes harm that doesn’t rise to the “serious” threshold.

Fourth-Degree Child Abuse (MCL 750.136b(7))

  • Misdemeanor
  • Up to 1 year in jail
  • Applies to reckless or harmful behavior that could have injured the child—even if no injury occurred.

Even a misdemeanor conviction can result in loss of custody, a CPS case, mandatory counseling, and a lifetime of consequences.

Police vs. CPS: What’s the Difference in a Child Abuse Investigation?

Many people confuse criminal child abuse charges with CPS investigations, but these are two separate legal processes—with very different goals and consequences.

1. Police and Prosecutors: Criminal Charges

When police receive a report of suspected child abuse, they open a criminal investigation. If they find probable cause, the case is turned over to the county prosecutor, who may file charges. If you’re convicted:

  • You face jail or prison time
  • You may be required to register on Michigan’s Central Registry
  • You’ll have a permanent criminal record
  • Your parental rights may also be affected

These cases are prosecuted in criminal court, and the standard of proof is beyond a reasonable doubt.

2. CPS: Civil Investigations and Family Court

Child Protective Services (CPS) investigates suspected abuse or neglect as part of a civil process, not a criminal one—at least initially.

If a CPS worker believes a child has been abused or neglected:

  • They can file a petition in family court seeking removal of the child from the home
  • They need much less evidence than police to act—typically a “preponderance of the evidence”
  • They may pursue termination of parental rights

Even if no criminal charges are filed, CPS can still remove your children or place them in foster care. And if CPS thinks criminal charges are warranted, they often share their findings with law enforcement to trigger a separate criminal prosecution.

Don’t Let CPS or Criminal Charges Tear Your Family Apart

Being accused of child abuse—whether by the police or CPS—is a life-altering event. You could face criminal penalties, family court involvement, or both. Either way, you need experienced legal defense immediately.

At The Kronzek Firm, we’ve defended clients across Michigan against false or exaggerated allegations of child abuse for more than 25 years. We understand both sides of these complex cases—criminal law and family law—and we know how to fight for your rights in both arenas.

📞 Call us today at (866) 766-5245 for a free, confidential consultation. We are available 24/7, including nights, weekends, and holidays.

We’ll help you protect your freedom, your children, and your future.