Charges for Shaking a Baby in Illinois

 Posted on September 26, 2024 in Criminal Defense

Children and babies are susceptible to many types of accidents and injuries. When a baby dies suddenly from severe brain damage, suspicions quickly arise that the baby was shaken by a parent or caretaker. Diagnosing Shaken Baby Syndrome has become controversial due to inaccuracies, and infant death can be the result of many things aside from abuse. A recent case involving a caretaker pleading guilty to second-degree murder and getting sentenced to 14 years in prison for shaking a baby to death illustrates just how serious this can be. If grieving parents are placed under investigation and facing charges, a dedicated Chicago, IL criminal defense lawyer can represent them and aggressively defend their rights.

Diagnosing Shaken Baby Syndrome

Shaken baby syndrome (SBS) can develop when someone engages in serious child abuse by shaking, throwing, or dropping a baby. Babies’ brains are not yet fully developed and are smaller than their heads. Their neck muscles are also unable to fully support their heads. That is why shaking a baby can lead to blindness, deafness, developmental delays, learning disabilities, paralysis, seizures, and death. 

SBS can be hard to diagnose because its symptoms - which include excessive drowsiness, a swelling soft spot, projectile vomiting, limpness, seizures, unresponsiveness, and difficulty breathing - are all symptoms of other issues as well. Doctors will check a baby for bleeding in their eyes or brain, spinal cord damage, broken ribs, or an increased head size. While CT and MRI scans can help examine brain injuries, they are extremely expensive and not always available. However, the same symptoms can also be associated with completely other issues, including colic, feeding dysfunction, and certain viruses. 

If a baby is diagnosed with SBS, the hospital or clinic where they are treated will notify law enforcement, which begins a criminal investigation. However, since symptoms of SBS can also be internal, without any physical indications, and they can show up several hours after the shaking occurs, people can be wrongly accused. A babysitter can shake a baby and the parent might not notice anything is wrong until the next day. In that case, it is easy to understand why the parent might be suspected and falsely accused.

Sentencing for Shaking a Baby

Sentencing depends on the circumstances of the case and the severity of the injuries. Charges and penalties for shaking a baby can include:

• Child endangerment: This can be charged as a Class A misdemeanor, with a maximum sentence of one year in jail and fines, or a felony, which would include a longer jail sentence.

• Aggravated battery: If the baby suffers serious bodily injury, this could be charged as a felony. Maximum sentences range from two to five years for a Class 3 felony, or three to seven years for a Class 2 felony. The sentence can be longer if there are aggravating circumstances.

• Involuntary manslaughter: If there was no intention to kill the baby but there is proof of reckless behavior, this can be charged as a Class 2 felony, with a sentence of three to seven years in prison.

• Second-degree murder: An unintentional incident as described above can also be charged as a Class 1 felony, with a sentence of four to 20 years in prison and the possibility for an extended sentence.

• First-degree murder: If the baby dies and the incident is considered intentional, it can be charged as a Class M felony, with a sentence of 20 to 60 years or life in prison.

Schedule a Free Consultation with a Chicago, IL Criminal Defense Lawyer

It is tragic when a baby is shaken to death. However, diagnosing SBS is very difficult because the symptoms can be associated with many other issues. Even if SBS is unequivocally the cause of any injury or death, the fact that it can show up hours after an incident makes it hard to know who was responsible. If you are wrongly accused of shaking your baby, contact our qualified Cook County, IL criminal attorney at Law Offices of James F. DiQuattro who can build an aggressive defense and protect your rights while you are focused on the emotional turmoil. Call us at 312-627-9482 to schedule a free consultation.