While Child Endangerment and Child Neglect are often used interchangeably, the latter refers explicitly to failing to provide for the needs of a child in your custody. Child neglect can be penalized at roughly the same level as child endangerment, depending on whether or not the child requires medical care or has suffered serious bodily or mental harm. Prosecutors in San Diego are quite aggressive in prosecuting parents and caretakers for child abuse crimes.
Child Neglect Defense Attorney in San Diego
The Law Offices of Michael E. Cindrich stop at nothing to protect our defendants’ rights. Especially when your freedoms, reputations, and family relationships are clearly in jeopardy. We work to reduce or dismiss charges and safeguard our clients’ futures. If you have been arrested or charged with child neglect, contact The Law Offices of Michael E. Cindrich immediately.
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving child neglect. 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 and La Mesa, El Cajon, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of Child Neglect in California
- Child Neglect Laws in California
- Proveing Child Neglect in California
- Penalties for Child Neglect in California
- Additional Resources
- Hire an Attorney for Child Neglect in San Diego
Child Neglect Laws in California
California Penal Code Section 270 addresses child neglect, defining it as the willful omission to provide necessary care for a minor child. The law specifies that a parent who fails to provide essential clothing, food, shelter, or medical attention for their child without lawful excuse can be charged with a misdemeanor or, in certain cases, a felony.
The law applies regardless of the marital or custodial status of the parents, and it explicitly includes unborn children as minors for whom a parent must provide necessities. Furthermore, providing care through recognized spiritual practices is considered lawful remedial care under this statute, even if the practices ultimately result in injury to the child through inaction.
How Juries Find Guilt in Child Neglect Cases in California
Under California Penal Code Section 270 and California Criminal Jury Instructions (CALCRIM) No. 2981, a jury must evaluate four key elements to determine whether a defendant is guilty of child neglect:
- Parent-child relationship: The prosecution must prove that the defendant is the legal parent of the child in question. This includes biological parents, adoptive parents, and spouses who consented to artificial insemination.
- Child’s age: The child must be under 18 years old to meet the definition of a minor.
- Failure to provide necessities: Evidence must show that the parent failed to provide essential needs such as food, clothing, shelter, or medical care.
- Willfulness and absence of lawful excuse: The omission to provide care must have been intentional and without any lawful reason.
The prosecution carries the burden of proving these elements beyond a reasonable doubt. If evidence contradicts any of these factors, the jury cannot find the defendant guilty.
Penalties for Child Neglect in California
The penalties for child neglect in California vary depending on whether the offense is charged as a misdemeanor or a felony.
For first-time offenders, the crime is typically charged as a misdemeanor, punishable by fines of up to $2,000 and up to one year in county jail.
In cases involving aggravated circumstances, such as repeat offenses or severe neglect, the charge may escalate to a felony, which carries state prison sentences exceeding one year.
Judges may consider alternative sentencing options, such as probation or diversion programs, particularly for defendants demonstrating remorse or extenuating circumstances. Regardless of the sentence, the court evaluates whether the parent’s actions were willful and lacked a lawful excuse, and it may impose harsher penalties if the neglect resulted in significant harm to the child, including instituting state custody.
Additional Resources
California Penal Code Section 270 on Child Neglect – This official California State Legislature page provides the text of Penal Code Section 270, which defines child neglect and outlines penalties for parents who fail to provide necessary care for a minor child. Check out legal definitions and sentencing guidelines for violations of this law.
Family & Children Resources from the Superior Court of California, San Diego – This webpage from the Superior Court of California in San Diego provides resources on family law, including custody, child support, domestic violence restraining orders, and self-help services. It serves as a guide for individuals navigating family law cases, offering legal forms, FAQs, and information about court processes.
Reporting Child Abuse or Neglect in San Diego – California Health and Human Services Agency explains how to report suspected child abuse or neglect in San Diego County. Its site includes hotline numbers, guidelines for mandated reporters, and details on how social workers assess and respond to reports of child welfare concerns. Under California law, specific individuals, including teachers, healthcare providers, and social workers, are required to report suspected child abuse or neglect.
San Diego County District Attorney on Mandated Reporting – The San Diego County District Attorney’s page explains the responsibilities of mandated reporters under California law, focusing on child abuse, neglect, and elder abuse. It provides legal definitions, reporting requirements, and instructions for submitting necessary forms to meet legal obligations.
Hire a Defense Attorney for Child Neglect in San Diego
If you have been charged with child neglect, you need to contact an experienced child neglect defense attorney immediately.
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving domestic violence and child neglect. 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 and La Mesa, El Cajon, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.