Child endangerment refers generally to any actions taken (or not taken) that may result in emotional or physical harm to a child under your care or custody. Even if there is no intent to harm a child, reckless actions that create a significant risk of harm can result in felony charges. However, not all endangerment charges are valid – sometimes a phone call from nosy neighbors or overzealous law enforcement officers may result in being charged with child endangerment, even if you’ve done nothing wrong.
Child Endangerment Defense Attorney in San Diego
If the police have stopped by “to clear up any confusion,” do not talk to them, and certainly do not let them into your home. Contact an experienced lawyer immediately. The police are not your friends, and they will seek to incriminate you.
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving child endangerment. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, El Cajon, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of Child Endangerment in California
- Child Endangerment under California Law
- Key Terms in California Child Endangerment Laws
- How Does a California Jury Determine When Someone Commits Child Endangerment?
- Common Defenses
- Penalties for Child Endangerment
- Additional Resources
Child Endangerment under California Law
Child endangerment in California is primarily governed by California Penal Code Section 273a. This law applies to situations where a person causes or allows a child to suffer harm, or places a child in a dangerous situation. The law is divided into two parts:
- Penal Code Section 273a(a): This section addresses cases involving circumstances likely to produce great bodily harm or death. It can result in felony charges, punishable by up to six years in state prison.
- Penal Code Section 273a(b): This section covers cases where the danger posed to the child is not likely to result in great bodily harm or death. It is charged as a misdemeanor, with penalties including up to one year in county jail.
Key Terms in California Child Endangerment Laws
- “Criminal Negligence”: This involves reckless behavior that goes beyond ordinary carelessness. It must represent a gross departure from how a reasonable person would act, showing disregard for human life or the consequences of one’s actions.
- “Unjustifiable Physical Pain or Mental Suffering”: Pain or suffering that is excessive or unnecessary given the circumstances, as clarified in legal interpretations.
- “Great Bodily Harm”: Defined under Penal Code Section 12022.7(f) as significant or substantial physical injury, beyond minor or moderate harm.
How Does a California Jury Determine When Someone Commits Child Endangerment?
To convict someone of child endangerment, the jury must determine several key elements outlined in California Penal Code Section 273a and California Criminal Jury Instructions (CALCRIM) No. 821:
- Willfulness: The act was done willingly or purposefully.
- Care or Custody of a Child: The defendant had care or custody of the child, even if temporarily.
- Harm or Danger: The defendant caused or allowed the child to suffer physical pain, mental suffering, or be placed in a dangerous situation.
- Circumstances Likely to Cause Harm: For felony charges under Section 273a(a), the conditions must be likely to produce great bodily harm or death.
In cases of alleged negligence, the jury must determine if the defendant’s actions meet the standard of criminal negligence, as defined above.
Common Defenses
The Defendant Had No Intent to Endanger a Child
A key defense in child endangerment cases is proving the defendant did not act willfully. The law requires that actions be done purposefully, even if harm was not intended. Demonstrating that any harm or danger was accidental or due to unforeseen circumstances can lead to an acquittal. For instance, a caregiver who unknowingly left a child near a hazard without realizing the risk could argue that they lacked the requisite intent.
The Defendant’s Actions Were Not Criminally Negligent
Another defense involves challenging claims of criminal negligence. The prosecution must prove that the defendant’s actions went far beyond ordinary carelessness and represented a gross disregard for human life. An attorney can argue that the defendant acted reasonably under the circumstances or that their behavior did not meet the threshold of gross negligence.
The Allegations Are False or Exaggerated
False accusations often arise in child endangerment cases, particularly in contentious custody disputes or personal conflicts. A defense attorney can expose ulterior motives by examining inconsistencies in the accuser’s testimony, presenting witness accounts, or showing that the evidence does not support the allegations. Highlighting these issues can undermine the prosecution’s case and lead to dismissal.
Why Are False Accusations Common in Child Endangerment Cases?
False accusations in child endangerment cases can arise due to personal conflicts, such as custody battles, or malicious intent. Accusers may fabricate scenarios to gain leverage, such as pressuring a child to provide false testimony. A skilled attorney can investigate the credibility of the allegations and expose ulterior motives. For example, accidental harm may not result in charges if there was no criminal negligence. However, unintentional acts that arise from reckless behavior could still lead to prosecution.
The Harm Was Caused by a Third Party
If someone else was responsible for the dangerous situation or the child’s suffering, the defendant cannot be held criminally liable unless they were knowingly complicit. For example, if a caregiver leaves a child with a trusted adult who subsequently acts negligently or harmfully without the caregiver’s knowledge, the caregiver may argue they had no reason to foresee the third party’s actions.
Penalties for Child Endangerment
Penalties for child endangerment depend on whether the offense is charged as a misdemeanor or a felony. A conviction under Penal Code Section 273a(a) for felony child endangerment can result in two, four, or six years in state prison, along with fines of up to $10,000. In addition to incarceration, offenders often face probation terms requiring mandatory completion of a child abuser’s treatment program, compliance with protective orders, and, in cases involving substance abuse, drug or alcohol testing.
Misdemeanor charges under Section 273a(b) carry lighter penalties, including up to one year in county jail and fines of up to $1,000. Probation for misdemeanor convictions may involve shorter counseling programs or supervised probation. Judges also have discretion to adjust probation terms, but violations can lead to reinstatement of the original sentence.
Additional Resources
California Penal Code Section 273a – This official source on California Penal Code Section 273a defines child endangerment offenses, penalties, and related terms. It outlines both misdemeanor and felony charges for causing or permitting harm or danger to a child and includes probation restrictions for convicted offenders.
Child Abuse Concerns: City of San Diego Police Department – This resource from the City of San Diego explains types of child abuse, including physical, sexual, emotional, and neglect. It provides guidance on recognizing signs of abuse and instructions for reporting suspected cases. This page also includes hotline numbers for immediate and non-emergency reports and general safety resources for children.
Child and Family Well-Being: San Diego County Health and Human Services Agency – This source details the services offered by the County of San Diego for child protection and welfare. It includes information on child abuse investigations, foster care, adoption, and programs aimed at preventing child abuse. This resource also provides contact information for reporting abuse and outlines available support services for families and children.
Law Enforcement Investigations into Child Abuse: San Diego Sheriff’s Office – This resource explains the role of the San Diego County Sheriff’s Office in investigating cases of physical and sexual child abuse. It describes the signs of abuse and neglect, how to report suspected abuse, and community-based prevention strategies.
Hire a Defense Attorney for Child Endangerment in San Diego County, CA
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving child endangerment. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, El Cajon, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.