Breckenridge Child Abuse Defense Attorneys
Are You in Need of a Breckenridge Child Abuse Defense Attorney?
If you’ve been arrested, charged, or are under investigation for child abuse, your next steps are critical. Even a single accusation can trigger Child Protective Services (CPS) investigations, emergency custody hearings, and potential criminal prosecution. Whether the claims stem from a custody battle, an accident, or a misinterpreted incident, you need an attorney who will aggressively challenge the evidence and protect your constitutional rights.
At Whitaker & Penix, LLC, we know what’s at stake, and we fight to protect your rights from day one. Our Summit County criminal attorneys are deeply experienced in defending against complex and emotionally charged allegations like child abuse.
If you're facing accusations in Breckenridge or Summit County, you need legal representation immediately. False allegations, misunderstandings, or exaggerated claims can still lead to serious felony charges. Do not attempt to explain yourself to police or CPS without an attorney present. Statements you make, even with good intentions, may be used to build a case against you.
Why Choose Us Over Other Child Abuse Defense Lawyers in Summit County
Kylie Whitaker and Ehren Penix at Whitaker & Penix, LLC both have experience working in the criminal justice system and as defense attorneys in private practice. Here’s why so many people have come to trust our firm:
- Decades of combined experience in Colorado criminal defense
- Kylie Whitaker named a Super Lawyers Rising Star for Colorado
- Kylie Whitaker: Former Assistant District Attorney with 7 years of prosecutorial experience in Breckenridge courts
- Ehren Penix: Former criminal prosecutor with 3 years in the DA’s office and 4 years in private practice
- Deep familiarity with Summit County prosecutors, courts, and local law enforcement procedures
- An A+ rating from the Better Business Bureau.
- Proven success in serious felony cases involving alleged abuse, assault, and endangerment
Don’t Face These Accusations Alone
Call Whitaker & Penix, LLC to protect your future and defend your name: (970) 368-0602
Reasons to Contact a Lawyer Right Away
Child abuse investigations move quickly and can involve multiple agencies. Early intervention by a criminal defense lawyer can dramatically affect the outcome of your case. The sooner we’re involved, the more we can do to challenge the case before charges are even filed or work to reduce charges through pre-filing negotiations.
You should contact a lawyer immediately if:
- You are being questioned or investigated by police or CPS
- You were arrested or served with a protection order
- You’re being accused by a former partner, co-parent, or teacher
- Your child was injured, and you’re being blamed
- You were driving under the influence with a minor in the vehicle
- A search warrant has been issued for your home or property
How a Breckenridge Child Abuse Defense Lawyer Can Help
We approach every case with the goal of preventing charges where possible, and fighting for an acquittal or dismissal where charges have been filed. Defending against child abuse allegations requires more than general criminal defense knowledge. Our Breckenridge defense attorneys know how to:
- Immediate intervention to protect your rights during questioning or investigation
- Case analysis and evidence review to expose weaknesses, inconsistencies, or false claims
- Expert testimony from medical professionals, child psychologists, and social workers
- Negotiations with prosecutors for dismissal or reduction of charges
- Trial readiness to aggressively challenge the state’s version of events in court
What Is the Legal Definition of Child Abuse in Colorado?
Under Colorado Revised Statutes § 18-6-401, child abuse occurs when a person:
- Causes an injury to a child’s life or health
- Permits a child to be unreasonably placed in a situation that poses a threat of injury
- Engages in a pattern of conduct resulting in malnutrition, lack of medical care, cruel punishment, mistreatment, or injury
- Knowingly or recklessly acts in a way that creates a risk of serious harm
- Commits a DUI or DWAI with a child passenger
- Allows a child near drug manufacturing or distribution
The statute defines a child as anyone under the age of 16. Charges may be brought based on direct actions or failure to act when responsible for the child’s safety.
Charges may include:
- Class 2 Felony: Knowingly or recklessly causing the death of a child under 12
- Class 3 Felony: Knowingly or recklessly causing serious bodily injury
- Class 4 Felony: Criminal negligence causing death of a child
- Class 5 or 6 Felony: Pattern of abuse, cruelty, or endangerment without serious injury
- Misdemeanor: Minor physical harm or endangerment without injury
Examples of Child Abuse Charges in Colorado
At Whitaker & Penix, LLC, we use a multi-layered defense strategy tailored to the facts of your case. Our approach may include:
- Disputing intent – Showing that the incident was accidental, not reckless or knowing. Many child injuries occur in the course of normal parenting and are misinterpreted by outsiders.
- Medical evidence – Using expert testimony to explain injuries or pre-existing conditions. Some medical conditions can mimic signs of abuse, and we work with pediatric specialists to clarify the cause of any physical symptoms.
- Parental rights advocacy – Defending your fitness as a parent or caregiver. We present evidence of your relationship with the child, your caregiving history, and your efforts to provide a safe environment.
- Witness examination – Challenging testimony from biased parties such as ex-spouses, neighbors, or hostile family members. Personal conflicts and ongoing custody disputes often fuel unfounded accusations.
- Exposing false allegations – Uncovering motives for fabricated claims in custody battles or vengeful accusations. We've seen firsthand how these allegations are used as leverage, and we know how to dismantle them in court.
We take these cases seriously because the stakes couldn’t be higher. With our local insight and trial experience, we build the strongest possible defense to protect what matters most.
Falsely Accused of Child Abuse?
Call (970) 368-0602 now for a free confidential consultation and immediate legal protection.
Legal Penalties for Child Abuse in Colorado
The severity of penalties depends on the alleged conduct, the child’s age, and whether the abuse was deemed knowing, reckless, or criminally negligent.
Convictions can result in:
- Years or even decades in prison
- Heavy fines
- Mandatory parenting classes or counseling
- No-contact orders or protective orders
- Loss of parental rights or custody
- Registration as a sex offender (in specific abuse cases)
Life Consequences for a Child Abuse Conviction
Even beyond jail or prison time, a child abuse conviction can destroy your future:
- Loss of custody or visitation in family court
- Social services intervention and supervision
- Loss of employment, especially in teaching, healthcare, or childcare
- Immigration consequences including deportation or denial of citizenship
- Permanent criminal record, often ineligible for sealing or expungement
- Stigmatization in your community, among friends, or within your family
Effective Legal Defenses Against Child Abuse Charges
At Whitaker & Penix, LLC, we use a multi-layered defense strategy tailored to the facts of your case. Our approach may include:
- Disputing intent: Showing that the incident was accidental, not reckless or knowing
- Medical evidence: Using expert testimony to explain injuries or pre-existing conditions
- Parental rights advocacy: Defending your fitness as a parent or caregiver
- Witness examination: Challenging testimony from biased parties such as ex-spouses or hostile family members
- Exposing false allegations: Uncovering motives for fabricated claims in custody battles or vengeful accusations
What Clients Are Saying About Us
Kylie was amazing to work with! - Mark Holmes (5-Star Google Review)
Kylie was amazing to work with! She was responsive, transparent, and effective. The case went exactly as she said it would, resulting in the best possible outcome. 10/10 - I highly recommend!
10/10 will recommend -darin lance (5-Star Google Review)
Ehren was a professional all the way through my case. He took the time to carefully explain the process, set expectations, and give advice. He is responsive to emails and is able to quickly answer questions. He also managed to negotiate a very advantageous deal for my case. 10/10 will recommend.
Speak With an Experienced Child Abuse Defense Attorney in Summit County
If you're facing child abuse accusations in Breckenridge or Summit County, you deserve a defense team that takes your situation seriously and knows how to fight back with skill.
Whitaker & Penix, LLC can review the facts of your case, explain your rights, and get to work protecting your freedom and your future.
You have one chance to defend yourself. Make it count with Whitaker & Penix, LLC. Call (970) 368-0602 to learn more today.
Frequently Asked Questions
What should I do if I’m accused of child abuse in Colorado?
Do not speak with police, CPS, or anyone else about the allegation until you’ve contacted a defense attorney. Anything you say can be used against you in court. Call Whitaker & Penix, LLC immediately to protect your rights.
Can I be charged even if I didn’t physically harm a child?
Yes. In Colorado, child abuse includes placing a child in a dangerous situation, such as failing to provide basic care, or allowing them near criminal activity such as drug manufacturing.
What are the penalties for child abuse in Colorado?
Penalties range from misdemeanors to serious felonies, including years in prison, large fines, and loss of parental rights. The consequences depend on the child’s age, the severity of the alleged harm, and whether the act was considered knowing, reckless, or negligent.
Can I lose custody of my children if I’m accused of child abuse?
Yes. Even before a criminal conviction, a child abuse allegation can lead to temporary or permanent loss of custody, visitation restrictions, and CPS involvement. A skilled attorney can help protect your parental rights during both criminal and family court proceedings.
What is considered child abuse under Colorado law?
Child abuse includes causing injury, allowing a child to be placed in a dangerous situation, repeated mistreatment, failing to provide medical care, or driving under the influence with a child in the vehicle. The definition is broad and can include both actions and omissions.
What if the accusations are false or made during a custody battle?
Unfortunately, false allegations are not uncommon in heated divorces or custody disputes. Our firm is experienced in uncovering false motives and exposing fabricated or exaggerated claims to protect your rights and credibility.
Can I be charged if a child was hurt accidentally?
Yes. If prosecutors believe you acted recklessly or with criminal negligence, you may still face charges even if you didn’t intend to cause harm. That’s why it’s vital to have a defense attorney present your side of the story clearly and effectively.
How does a child abuse investigation begin?
Investigations often start with a report to law enforcement or CPS from a teacher, doctor, neighbor, or other mandated reporter. Once reported, authorities may launch both a criminal and civil inquiry, and you should not face either without legal counsel.
What evidence can be used in a child abuse case?
Prosecutors may use medical records, witness statements, child interviews, photos of injuries, text messages, and police reports. A defense attorney can challenge weak evidence, bring in experts, and expose inconsistencies in the state’s case.
Meet Our Breckenridge Colorado Criminal Defense Attorneys
Kylie Whitaker
Kylie Whitaker is a founding attorney at Whitaker & Penix, LLC, where she represents clients in criminal defense matters across Breckenridge and the surrounding areas of Colorado’s 6th Judicial District. Known for her strong courtroom presence and personal commitment to every client, Kylie brings both skill and clarity to emotionally charged and high-stakes cases.
Before launching her private practice, Kylie served for seven years as a criminal prosecutor and Assistant District Attorney in Breckenridge. This experience gives her a strategic advantage in anticipating the moves of the prosecution and crafting strong defenses for her clients.
Whether defending against DUI charges, navigating domestic violence cases, or guiding families through divorce, Kylie provides dependable, straightforward counsel backed by local knowledge and trial experience.
Ehren Penix
Ehren Penix is a founding attorney at Whitaker & Penix, LLC, where he represents clients in criminal defense cases throughout Breckenridge and the surrounding mountain communities. Clients value Ehren’s honesty, focus, and accessibility. He’s known for giving clients the straight answers they need, especially in high-stress situations involving DUIs, domestic violence, or complex family disputes. With Ehren, you're getting a steady advocate who knows the system and isn’t afraid to push back when it matters most.
Ehren began his legal career as a criminal prosecutor, where he handled a broad range of felony and misdemeanor cases. His time in the District Attorney’s Office sharpened his litigation skills and gave him firsthand insight into how prosecutors build and pursue charges. Since entering private practice, he’s used that knowledge to fiercely protect his clients’ rights in and out of the courtroom.