Helping Clients Reduce or Remove Criminal Penalties
Child endangerment is a serious criminal charge that carries severe criminal penalties. Jail time, probation, fines, and a permanent criminal record could all be the consequences of a child endangerment conviction. California authorities are very harsh on child abuse offenses, and child endangerment is no exception.
Unfortunately, the law is very broad and often confusing when it comes to child endangerment. Innocent individuals can sometimes be charged with child endangerment without good reason. Simple misunderstandings or unfortunate mistakes can lead to harsh penalties within the criminal justice system.
Being charged with endangering a minor can be both scary and frustrating, especially when you didn’t do what you are being accused of. To help you better understand some of the ins and outs pertaining to domestic violence charges and how you can get through your Orange County case, speak with one of our Orange County child endangerment lawyers. Call the Law Office of Scott Henry for a free consultation at (714) 294-0599.
What is Child Endangerment?
Child endangerment is a broad area of the law that can mean many things. In child endangerment law, “unjustifiable” means the act was not reasonably necessary or excessive under the circumstances.
A person may be guilty of child endangerment if one of the following occurs:
- You caused or permitted a child to endure mental suffering or physical pain that was unjustifiable.
- You willfully caused or permitted a child in your care to be injured.
- You willfully caused or permitted a child to be put into a dangerous situation.
- You were criminally negligent when you allowed the child to suffer.
- You were not reasonably disciplining the child as a parent.
While child abuse requires that the child suffered from an actual injury, that isn’t the case with an endangerment conviction. This is why it is so easy for an innocent person to be put on trial and face prosecution under the endangerment laws in California. There are a variety of different behaviors that could lead to child endangerment charges, such as:
- Leaving dangerous weapons within reach when there are children in the home.
- Not getting a sick child the medical treatment they need to recover.
- Negligently leaving a child with someone that you know has a history of being abusive.
- Manufacturing or using drugs while a child is in the home.
- Driving under the influence of alcohol with a minor child in the car.
Contrary to popular belief, corporal punishment is legal in California. Corporal punishment can include confinement, spanking, or sending a child to their room without a meal. This type of punishment is typically not enough to secure a child endangerment conviction, although some prosecutors may try.
What’s the Difference Between Child Abuse and Child Endangerment?
Child abuse and child endangerment are sometimes conflated. Although they are similar, the two are separate charges that mean different things. Child abuse is defined under California penal code 273d and requires the presence of injury to a child. However, the presence of injury is not a necessity when accusing someone of child endangerment.
Child endangerment must show evidence that an act placed a child in a situation that was likely to result in bodily injury or death. Even if the child sustained no injuries and was not harmed in any way, a situation in which they could have been hurt can result in a child endangerment charge. Because the definition of child endangerment is much broader than child abuse, it is often used to prosecute individuals who make a simple mistake or have good intentions.
Penalties for Endangering a Minor in Orange County
Depending on the circumstances surrounding the case, the individual could be facing either a misdemeanor or felony charge. If the charges involved the risk of serious bodily harm and possibly death, the offense could be deemed a wobbler. This means it could be charged either way. A misdemeanor charge includes penalties of up to a year in jail, while felonies could land you behind bars for anywhere from two, four, or even six years in state prison. When there wasn’t a risk of serious bodily harm or possible death to the child, it would be deemed a misdemeanor.
Misdemeanor offenses can also carry fines of up to $1,000. Felony offenses can carry fines of up to $10,000. If you are convicted of felony child endangerment, you will likely also be required to complete at least four years of felony probation.
When a child sustains great bodily harm, prosecutors can seek a sentencing enhancement. This enhancement adds an additional three to six years in prison for bodily injury and a further four years in prison if the victim passes away. A felony child endangerment conviction may also result in a strike on your record under California’s three strikes law.
Because of this, you need to have a trained local attorney working on your child endangerment case right from the beginning. You don’t want to assume everything is going to be okay and run the risk of being put behind bars because you didn’t know what it was that you were up against.
Potential Defenses
Even though it can be quite scary being charged with putting your child in danger, there are things that you can do to get through your case and prevent being convicted of the charges. Because of our extensive experience in the field, our Orange County child endangerment attorneys understand the process involved with investigating, prosecuting, and defending against these charges. To help you better understand our process and the type of defenses we use, check out some of the common ones below:
- The endangerment wasn’t done on purpose, meaning you didn’t do something that you knew would intentionally put the child in harm’s way. For example, an individual who takes their child to a babysitter who is qualified cannot be convicted of endangerment if that baby was taken by the other parent without their consent and later ends up being injured by that parent. They didn’t knowingly place the child in harm’s way.
- You were wrongly accused. You might be surprised at how many people were accused of committing a crime they had nothing to do with in the first place. If you weren’t even around when the crime happened, you cannot be guilty of it. Oftentimes, bitter ex-spouses and partners often say things out of spite to go after the other party. Children with wild imaginations often end up fabricating stories to make things sound worse than they are. Sadly, police officers are quick to jump on someone that they think is in the wrong, even when that person is innocent.
- You were well within your rights to get after your child and discipline them. Parents are allowed to discipline their children. However, that doesn’t mean you can go overboard in your discipline techniques and such. You have to exhibit caution and make sure the punishment is warranted based on the age of the child and the behavior. This is something you can go over with the lawyer at your meeting. Spanking is one of the most common types of discipline used by parents.
- You weren’t the person who caused the endangerment to occur in the first place. If you aren’t the person responsible for causing the child to be put in a dangerous situation, you cannot be charged with domestic violence. Prosecutors want to hold someone accountable for what they believe is child endangerment, even when the person they are going after might be innocent. They will jump to conclusions and leave you having to defend yourself for something that you had nothing to do with.
Just because you have been charged with a crime, that doesn’t mean you are going to be convicted of it. There are things that can be done to help put an end to the accusations and allow you to walk away from the whole debacle unscathed. However, it isn’t something you can handle on your own. Being charged with any type of crime is serious business and shouldn’t be taken lightly. You need to hire a top criminal defense attorney to work on your case as quickly as possible.
What Should You Do if You Are Arrested?
If you are accused of child endangerment, you will likely be arrested and taken into police custody. If this is your first experience with the criminal justice system, it is very likely that this will be an overwhelming experience for you, especially if you are facing false accusations. Knowing what to do when facing criminal charges can help you create your defense case later.
Once you are arrested, invoke your right to silence and do not answer any questions from the police. Legally, you must identify yourself to officers, but you are not under any obligation to answer their questions or make a statement. Anything you say can be used against you in court, even offhand or innocent-sounding remarks. Ask for an attorney right away, then call our team of defense lawyers.
Retain any citations and charging documents you are given so we can understand exactly what criminal charges you are facing. The sooner you contact our experienced legal team, the sooner we can begin building your defense case and negotiating with the prosecution. Waiting too long before hiring a criminal defense attorney can lead to you defending yourself in court, which is very unlikely to get you a favorable outcome.
Can You Leave a Child Unsupervised in a Vehicle?
California law states that leaving a child in a vehicle unsupervised is against the law. Leaving a child in a vehicle can result in child endangerment charges. For leaving a child in a vehicle, individuals can be punished with a fine of up to $100 if the child was uninjured. A judge may waive this fine if you participate in a community education program.
If you are charged with child endangerment for leaving a child in a car, you may also have your child taken away from you. Child protective services may also request that your parental rights be revoked. If your child is injured or becomes ill, you could be charged with felony child endangerment or even child abuse. For extreme cases, reckless endangerment charges could also be filed.
Although leaving your child in a car for a few minutes might seem like an innocent act, it can lead to severe consequences. If you have been charged with child endangerment, working with an experienced criminal defense attorney is the best way to protect your freedom and retain your parental rights.
Contact an Orange County Child Endangerment Attorney
Our Orange County child endangerment team knows the ins and outs of the industry. When you make the decision to hire this team, you are getting the best in the industry. We don’t just sit back and wait for things to happen. We go out there and get to work on clearing your name as quickly as we can. It is because of this that we are the leading domestic violence law firm in the county.
Facing child endangerment charges can be overwhelming and stressful. The best thing you can do for yourself is to hire an experienced attorney to work tirelessly on your case. Our team can gather evidence in your defense, interview witnesses, investigate police reports, and more.
Instead of waiting for something to happen, take charge of the situation. Give us a call to schedule your appointment and begin working on a solid defense to clear your name and get you back to your regular life quickly and easily. We are here to help in any way you can. The sooner you call and begin working on your case, the better it is going to be for you in the end. Don’t delay in scheduling your appointment with a top defense attorney today. Call the Law Office of Scott Henry at (714) 294-0599.