Have California police arrested you for child endangerment? Are you in desperate need of a child endangerment lawyer? If the state has charged you with child endangerment and neglect, you are at risk of incarceration, career loss, and possibly losing some parental rights. If you are in this situation, you are more than likely concerned that the stigma of this crime will upend your goals and overall life. But you don't have to carry this burden. Choose the award-winning, crimes against children defense attorneys from My Rights Law. It is our mission to protect your freedom. Call us at (909) 340-2000 or contact us through our secure web form to schedule a free consultation today.
Have you ever babysat a child and had something awful happen under your watch? Have you ever turned your back for one second and whipped around when you heard the child scream? Whether you're a parent, daycare worker, babysitter, or anyone with temporary care over a child, no one wants to see a child injured on their shift. A common accident can escalate into a criminal charge if someone accuses you of child endangerment. If the police have arrested you for child endangerment, please read below to learn more about this California law.
You are in violation of Child Endangerment when you:
California law defines "unjustifiable" physical pain and mental suffering as pain or suffering that is not reasonably necessary or that is excessive under the circumstances.[2] Further, please be aware that the child you have allegedly endangered does not have to be your child. Therefore, if the minor was otherwise a stranger and you put or caused that minor to be at risk, police may arrest you. A minor in California is anyone under age 18.
Child endangerment cases can include many types of circumstances. A couple of examples include leaving a child with a known sex offender or refusing to take a child you have care of to the hospital.
Child endangerment is a misdemeanor offense, but it can come with a lengthy prison sentence.
If a jury convicts you, a judge may sentence you to one year in county jail for a misdemeanor. Under certain circumstances, a judge may sentence you to two, three, or six years in state prison if a jury finds you guilty of this offense. [3]
Fortunately, the judge does have the discretion to sentence you to misdemeanor probation.[4] If a judge sentences you to probation, you must serve a mandatory minimum of forty-eight months. During this period, the court can order you to attend anger management, an alcohol substance use program, a mental counseling program, or educational courses.
Non-legal penalties can include:
Unfortunately, people lie for all kinds of reasons. They may lie to get revenge. They may lie out of anger. But a lie can have a severe negative impact on your life. Suppose you're in a custody battle with your ex. Your ex fabricates this child endangerment scenario. Your ex may even pressure your child to lie against you in such an ugly situation. In this case, you'll need a diligent child endangerment defense lawyer to prove that someone is acting out of spite. Proving that an ulterior motive exists can efficiently raise a reasonable doubt that you're guilty.
Every case demands evidence. The evidence must corroborate or confirm the allegations. It is insufficient if the evidence does not agree with the prosecutor's theory or witness testimony. If the medical experts find the medical reports inconclusive, the evidence may be insufficient for a guilty verdict. However, most insufficient evidence findings are discovered through your defense attorney's thorough investigation—not the prosecutor's. In other words, trust your attorney to interview witnesses and secure unsurpassed doctors diligently.
For example, suppose the prosecutor's theory is that you knew your child had pneumonia and refused to take him to the hospital. Your child later needed emergency care. You argue that you believed your child only had a cold because he did not show signs of pneumonia. You argue that you purchased standard cold and flu medicine. Later, our investigation confirms that your child never had pneumonia and that a separate condition wholly unrelated to any negligence on your end resulted in emergency care.
Any parent or babysitter knows that you must discipline children sometimes. If the harm inflicted on the child was necessary and not criminal negligence, you might raise this as a defense.[5] For example, suppose you saw a child wielding a knife toward another minor. You intervene in a way that gets you arrested, but the judge later agrees that your actions were reasonable under the severity of the circumstances.
If you are facing a child endangerment charge in Los Angeles or elsewhere in the state, consider hiring a child endangerment lawyer at My Rights Law, as they can advocate for you and help you avoid a felony child endangerment conviction.
A promising law firm isn't afraid to share its case results, so we make it easy for you to find ours. You may browse our proven case results here. As you peruse these results, bear in mind that each case has different goals. Thus, a favorable outcome can occur in a variety of ways. For example, getting a probation sentence may be the best outcome for you. Of course, our proudest wins are dismissals and not guilty verdicts.
The California child endangerment criminal defense lawyers at My Rights Law are here to defend your liberties if the police accuse you of this crime. We know what's needed for the state to drop their charges or for jurors to find you not guilty of this very serious crime. With our years of experience and proven track record of favorable outcomes, you can trust us. Our child endangerment lawyers will safeguard your rights and craft an excellent criminal defense for your case. We promise to defend all of our clients aggressively, diligently, and strategically. We are on your side, and we will do all within our power to protect your reputation. Call us at (909) 340-2000 or contact us through our secure web form to take advantage of your confidential free consultation today.
Other crimes against children we defend include: Child Abuse, Child Abandonment
FOOTNOTES
[1] California Penal Code 273a
[2] CALCRIM 821
[3] Penal Code 273a(a)
[4] Penal Code 273a(b)
[5] People v. Whitehurst (1992) 9 Cal.App.4th 1045, 1050
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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