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Bay Area Child Endangerment Lawyers
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What Is Child Endangerment Under California Penal Code 273a?
Child endangerment is a serious criminal charge in California. Under Penal Code 273a (PC 273a), it is illegal to place a child in a situation where their health or safety is at risk. This law applies to parents, guardians, babysitters, and anyone else who has care or custody of a child.
You do not have to physically hurt a child to be charged with child endangerment. The law covers a wide range of actions, including leaving a child in an unsafe environment, failing to provide basic needs like food or shelter, or allowing a child to be present during domestic violence or other violent incidents.
Even though domestic violence cases usually involve two adults, children are sometimes present when adults are arguing or fighting. In those situations, the police may charge one or both adults with child endangerment under PC 273a.
If you are facing child endangerment charges in California, it is important to speak with an experienced defense attorney as soon as possible. The penalties are harsh, and a conviction can affect your freedom, your career, and your relationship with your children.
Felony vs. Misdemeanor Child Endangerment Charges in California
Child endangerment under PC 273a is a “wobbler” offense in California. That means the prosecutor can charge it as either a misdemeanor or a felony. The decision depends on the facts of the case and whether the child was at risk of great bodily harm or death.
Misdemeanor Child Endangerment (PC 273a(b))
If the child was not placed in a situation likely to cause great bodily harm or death, the charge is a misdemeanor. This is the most common charge in domestic violence related child endangerment cases.
Felony Child Endangerment (PC 273a(a))
If the child was placed in a situation where great bodily harm or death was likely, the charge is a felony. Felony child endangerment is treated much more seriously and carries much harsher penalties.
Penalties for a PC 273a Conviction
The penalties for child endangerment depend on whether the charge is a misdemeanor or a felony.
Misdemeanor Penalties:
– Up to one year in county jail
– A fine of up to $1,000
– Informal probation for up to four years
– A mandatory child abuser treatment counseling program
Felony Penalties:
– Two, four, or six years in California state prison
– A fine of up to $10,000
– Formal probation
– A mandatory child abuser treatment counseling program
In both cases, the court must impose a protective order. If the court grants probation, the probation period must last at least four years under Penal Code 273a(c). The court may also require the defendant to complete at least one year of an approved child abuser treatment counseling program.
A conviction for child endangerment can also lead to serious collateral consequences, including difficulty finding a job, loss of custody rights, and problems with immigration status. If you have questions about expungement or clearing your record after a conviction, our attorneys can help.
CPS Involvement in Child Endangerment Cases
When child endangerment charges are filed, Child Protective Services (CPS) will almost always open a separate investigation. This CPS investigation runs alongside your criminal case but follows its own rules and timeline.
CPS may visit your home, interview your children, and speak with family members, teachers, and neighbors. Based on their findings, CPS can make recommendations to the family court about custody and visitation. In serious cases, CPS may seek to remove children from the home or place limits on your contact with them.
It is very important to have a defense attorney who understands both the criminal case and the CPS process. The outcome of one can directly affect the other. Our attorneys at Summit Defense have handled many cases involving both criminal charges and CPS investigations, and we know how to protect your rights on both sides.
If you are also dealing with restraining orders or false imprisonment chargerelated to your case, our team can help you navigate all of these issues at the same time.
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What the Prosecutor Must Prove in a Child Endangerment Case
To convict you of child endangerment under PC 273a, the prosecutor must prove the following elements beyond a reasonable doubt:
– You had care or custody of a child.
– You caused or allowed the child to be placed in a situation where their health or safety was at risk.
– You acted with criminal negligence.
Care or Custody of a Child
This charge only applies to people who were responsible for the child at the time. That includes parents, guardians, and anyone caring for the child, such as a relative or a babysitter.
Causing or Allowing Danger to the Child
The prosecutor must show that you either caused the dangerous situation or allowed it to happen. A common example is when a child is present during a violent fight between two adults. Even if you did not directly harm the child, allowing the child to be in a dangerous situation can be enough for this charge.
Criminal Negligence
Criminal negligence means more than just making a mistake or using bad judgment. The prosecutor must show that you acted in a reckless way that was a major departure from how a reasonable person would act. Specifically, the prosecution must prove:
– You acted in a reckless way that was a big departure from how a careful person would act in the same situation.
– Your actions showed a disregard for human life or a lack of concern about the results of your actions.
– A reasonable person would have known that acting that way would likely result in harm to others.
If the prosecution cannot prove all of these elements, you should not be found guilty. An experienced child endangerment defense attorney can challenge the evidence and build a strong defense on your behalf.
How Our California Child Endangerment Defense Lawyers Can Help
At Summit Defense, our attorneys understand how scary and overwhelming it is to face child endangerment charges. These cases often involve Child Protective Services (CPS) investigations, potential loss of custody, and the threat of a felony conviction on your record. Our defense team will carefully investigate the facts of your case, challenge the evidence against you, and work to protect both your freedom and your parental rights.
We have handled child endangerment cases in courts all across the Bay Area, including Santa Clara County, San Francisco, Alameda County, San Mateo County, and Contra Costa County. We know the local courts, the prosecutors, and the judges, and we use that knowledge to get the best possible outcome for our clients.
Our approach includes:
– Reviewing all police reports and CPS records
– Interviewing witnesses
– Consulting with experts when needed
– Negotiating with prosecutors to seek reduced charges or a case dismissal
– Fighting aggressively at trial if your case goes to court
If you are also facing related charges like corporal injury to a spouse or other domestic violence charges, our team can handle all of your charges together to build the strongest possible defense.
Frequently Asked Questions About Child Endangerment Charges
What is the difference between felony and misdemeanor child endangerment?
Under PC 273a, the difference depends on whether the child was placed in a situation likely to cause great bodily harm or death. If so, the charge is a felony carrying up to six years in state prison. If the risk did not involve great bodily harm or death, it is charged as a misdemeanor with up to one year in county jail. Misdemeanor fines can reach $1,000, while felony fines can reach $10,000.
Will CPS get involved if I am charged with child endangerment?
In most cases, yes. When child endangerment charges are filed, CPS (Child Protective Services) will likely open an investigation. This investigation is separate from the criminal case and can lead to CPS making recommendations to the family court about custody and visitation. It is very important to have an attorney who understands both the criminal and CPS sides of these cases to protect your rights on both fronts.
Can I lose custody of my children if convicted of PC 273a?
A child endangerment conviction can have a major effect on custody proceedings. The family court will consider the conviction when making custody and visitation decisions, and CPS may recommend restrictions or supervised visitation. In severe cases, parental rights may be affected. An experienced defense attorney will fight to reduce the impact on your family situation
What are the common defenses against child endangerment charges?
Common defenses include:
– The alleged conduct did not actually place the child at risk of harm.
– The incident was an accident and not the result of criminal negligence.
– The accusations are false or exaggerated, which is common in custody disputes.
– You were using reasonable parental discipline.
– Another person was responsible for the child’s situation.
Each case is different, and a skilled defense attorney will build a strategy based on the specific facts of your situation.
How does a child endangerment charge affect my record and future?
A conviction for child endangerment can lead to:
– A permanent criminal record
– Difficulty finding a job, especially in childcare, education, or healthcare
– Loss of professional licenses
– Immigration problems
– Long-term effects on custody and family court cases
Depending on the facts of your case, it may be possible to have a misdemeanor conviction cleared through expungement after completing probation.
Facing Child Endangerment Charges in California? Get Experienced Legal Help Now
Child endangerment charges under PC 273a carry severe consequences that can affect your freedom, your career, and your relationship with your children. Do not face these charges alone.
The experienced defense attorneys at Summit Defense serve clients throughout the Bay Area, including San Jose, San Francisco, Oakland, Redwood City, and Sacramento. Contact us today for a free, confidential consultation, available 24/7.