Child endangerment charges are serious offenses in California, carrying severe penalties that can impact your future. If you have been accused of child endangerment, it is crucial to understand what these charges mean, the possible consequences, and your legal options for defending yourself. Contact Simmons Wagner, LLP at (949) 439-5857 for a legal consultation with a criminal defense attorney.
What Constitutes Child Endangerment?
Under California Penal Code 273a, child endangerment occurs when a person willfully places a child in a situation that is likely to cause harm, injury, or death. This can include:
- Allowing a child to be around dangerous individuals or environments
- Failing to provide necessary care or supervision
- Leaving a child in a vehicle under hazardous conditions
- Exposing a child to drugs, firearms, or violent situations
Unlike child abuse, child endangerment does not require physical harm to occur—placing a child at risk is enough to warrant charges.
Misdemeanor vs. Felony Child Endangerment Charges
Child endangerment can be charged as either a misdemeanor or a felony, depending on the severity of the circumstances.
Misdemeanor Child Endangerment
- Up to one year in county jail
- Fines up to $1,000
- Probation with parenting classes or community service
Felony Child Endangerment
- Two to six years in state prison
- Fines up to $10,000
- Formal probation with strict conditions
- Possible loss of custody rights
If the child suffers significant bodily harm or death, sentencing enhancements may apply, leading to even longer prison sentences.
Additional Consequences of a Conviction
Beyond jail time and fines, a child endangerment conviction can have long-term repercussions, such as:
- Loss of Parental Rights: Family court may intervene and remove custody or visitation rights.
- Criminal Record: A conviction can impact employment opportunities, particularly in jobs involving children.
- Restraining Orders: Courts may issue protective orders restricting contact with the child involved.
- Immigration Consequences: Non-citizens may face deportation or denial of visa applications.
Common Defenses Against Child Endangerment Charges
If you are facing child endangerment charges, a strong legal defense is essential. Some common defenses include:
- Lack of Intent: Proving that the act was accidental and not willful or reckless.
- False Accusations: Demonstrating that the allegations were made out of spite or misunderstanding.
- No Actual Danger to the Child: Showing that the situation did not present a real or immediate risk.
- Insufficient Evidence: Challenging the prosecution’s ability to prove the charges beyond a reasonable doubt.
How a Criminal Defense Attorney Can Help
A child endangerment charge does not have to define your future. An experienced criminal defense attorney can:
- Analyze the evidence and build a strong defense strategy
- Negotiate to reduce or dismiss charges
- Represent you in court and protect your legal rights
If you are facing child endangerment charges, do not wait to seek legal help. Contact Simmons Wagner, LLP at (949) 439-5857 today for a confidential consultation and to discuss your best legal options.