Child Endangerment Lawyer

San Diego Criminal Defense Lawyer Explains Child Endangerment Laws in California:

What is Child Endangerment?

According to the California Criminal Jury Instructions, in order to prove you are guilty of child endangerment, prosecutors must prove the following:

1a. You willfully inflicted unjustifiable physical pain or mental suffering on a child, OR

1b. You willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering, OR

1c. While having care or custody of a child, you willfully caused or permitted the child’s person or health to be injured, OR

1d. While having care or custody of a child, you willfully caused or permitted the child to be placed in a situation where the child’s person or health was endangered,

AND

2. You did not act while reasonably disciplining a child.

AND (if you are being charged with § 273a(a))

3. The child was placed in a circumstance likely to produce great bodily harm or death.

AND (if 1b, 1c or 1d above apply)

4. You were “criminally negligent” when you caused or permitted the child to suffer, be injured or be endangered

“Great bodily injury” means significant or substantial physical injury. It is an injury that is greater than both minor and moderate harm. It is left up to the jury to determine whether or not an injury in any particular case is in fact “great bodily injury.” Remember that the child need not actually suffer great bodily injury in order for you to be charged with a felony. Instead, the prosecutors need only prove you placed the child in a situation where s/he would likely (eventually) suffer great bodily injury.

“Unjustifiable physical pain or mental suffering” is defined as pain or suffering that is not reasonably necessary or is excessive under the circumstances.

Notice that 1a requires that you be the person who inflicted or caused injury upon the child. On the other hand, allegations 1b, 1c, and 1d only require that you permitted the injury. In any situation where you did not personally inflict the harm, the prosecutors must prove that you were “criminally negligent.”

“Criminal negligence” involves more than ordinary carelessness, inattention, or mistake in judgment. You act with criminal negligence when you act in a way that is so different from the way an ordinarily careful person would act in the same situation that your act amounts to disregard for human life or indifference to the consequences of that act.

Prosecutors may attempt to prove child abuse by showing a continuous course of conduct of abuse or a single, isolated incident of abuse.

Compare Child Endangerment laws to Child Abuse laws.

What sentence am I facing if convicted of Child Endangerment?

If charged as a misdemeanor, child endangerment is punishable by up to one year of custody in the county jail and a fine of $1,000. If the charge is filed as a felony, the heaviest sentence you can be given is 6 years in state prison and a fine of $10,000.

Instead of being sentenced to the maximum amount of custody, most people are placed on probation. Whether placed on probation for a felony or misdemeanor, the probation is required by law to last at least 48 months. (See PC § 273a(c)(1).) Those people placed on probation must enroll in and successfully complete a “no less than one year of a child abuser’s treatment counseling program” (see our Resources page) and submit quarterly progress reports to the court. (See PC § 273a(c)(3)(A).)

In addition, a protective order would be issued protecting the child “victim from further acts of violence or threats.” (See PC § 273a(c)(2).) The judge could also order the defendant to move out of the home where the victim lives.

How can I defend myself against an allegation of Child Abuse?

To properly defend yourself against these criminal charges, you should retain the representation of a qualified criminal defense lawyer. There is a tremendous amount of work to be done to successfully beat your case. You need a lawyer who is willing to work as hard as you are to win. Read the 8 tasks you must start working on to help us fight to get your charges dismissed.

What other consequences do I face if convicted of Child Endangerment?

A child endangerment conviction will result in the following consequences:

  • Your name will be placed on California’s Child Abuse Central Index, potentially for the rest of your life.
  • You may receive a lifetime firearm prohibition pursuant to federal law.
  • Your child custody and/or visitation rights may be jeopardized.
  • You may lose your right to vote.
  • You may face difficulty retaining your current employment or obtaining future employment.

Lounsbery Law Office, PC has successfully fought felony and misdemeanor Child Endangerment accusations on behalf of our clients in the past. We know what it takes to convince a prosecutor or jury that you are not guilty of this crime. To speak with an experienced El Cajon Child Endangerment lawyer today, call 619-792-1451 or send us an email.