They charged her criminally instead of civilly, because in 2023 VA passed a 'free-range parenting' amendment to allow for actions that appropriate for the child's maturity and are not done in a grossly negligent manner that endangers the child. This is likely why the defense asked for comments from others on the child's maturity.

The criminal definition apparently has no such modification.

E: removed a double ‘likely’

>They charged her criminally instead of civilly,

Joke's on them because now she has rights.

I'm being a little hyperbolic but not nearly as much as I wish I was. The .gov can make just about anything stick if it's civil. Criminal is where your rights really kick in.