Child endangerment occurs when you expose or allow a child to be exposed to a dangerous situation. In California, exposing a child below 18 years of age to unjustifiable suffering, pain, or danger will result in charges under Penal Code 273a. Under the law, it is an offense to expose a child to an unreasonable risk of harm. Take note that risk exposure is adequate to result in PC 273a violation charges. A child need not suffer physical harm for you to be prosecuted for child endangerment.
Penal Code 273a sets out tough penalties for individuals convicted of child endangerment. It is thus best to hire legal help to fight the charges. The defense team at California Criminal Lawyer Group has experience handling child endangerment charges. We are ready to offer assistance. Contact us today should you face PC 273a violation charges in Santa Ana.
Child Endangerment, Child Abuse, and Child Neglect
A common misconception is that child endangerment, abuse, and neglect are the same offense. The offenses are different, as explained below.
Child endangerment is when a child is exposed to an unreasonable risk of injury or harm. As detailed above, this action violates Penal Code 273a. Whereas this definition is broad, the following situations are examples of acts that fit this definition.
- Leaving a dangerous weapon like a firearm or a knife within a child’s reach
- Failure to seek medical attention for an ill child
- Tattooing a minor, a violation of Penal Code 653
- Leaving a child with a babysitter with a history of abusive behavior
On the other hand, child abuse refers to willfully inflicting injury and cruel corporal punishment on a child resulting in a traumatic condition. Child abuse, a violation of PC 273d, is evidenced by the child's injury on account of your actions.
Finally, prosecutors can charge you for child neglect if you willfully and without a legal excuse fail to provide your child with necessities, including food, medicine, clothing, and shelter.
Child Endangerment as Outlined in Penal Code 273a
Penal Code 273a’s definition of child endangerment can be further outlined as elements of the crime. Prosecutors bear the burden of proving your guilt.
You can only be found guilty if they prove the following elements as actual.
- You did one of the following:
- Knowingly permitted or caused a minor to suffer unjustifiable physical pain or mental anguish
- Deliberately inflicted unjustifiable physical pain or mental anguish on a child
- Willfully permitted or caused a child you were in custody or charged with the care of to suffer injury or unjustifiable risk to their health.
- Willfully permitted or caused a child you were in custody or charged with the care of to be placed in a situation that posed a risk to the minor's health or wellbeing.
- You were criminally negligent when you permitted or caused the minor to suffer and be endangered.
- As the child’s parent, you did not take reasonable and adequate action in disciplining the child.
Recall that prosecutors need not prove the child sustained an injury for you to be found guilty of child endangerment charges. Whether the harm meets the great bodily injury threshold will feature, and the answer determines whether you will be convicted on misdemeanor or felony charges.
Note: Of importance is not whether the child suffered great bodily harm but whether it was a likely occurrence given the circumstances.
Elements the prosecution Must Prove
It is best to look at particular elements in detail to understand child endangerment better.
Willful Action
Willful or deliberate action is an action done on purpose. However, it does not mean you intended to break the law or inflict injury. It means you deliberately took action likely to result in injury.
Unjustifiable Physical Pain and Mental Anguish
When physical pain and mental anguish are considered unjustifiable, it simply means that it was excessive or not reasonably necessary given the circumstances.
Criminal Negligence
Criminal negligence refers to actions beyond ordinary negligence, which point to inattention, error in judgment, or ordinary carelessness. Acting with criminal negligence means acting in a gross, aggravated, or reckless manner beyond common sense.
Criminal negligence is best described when:
- You act in a reckless manner that is a gross departure from actons an ordinary careful individual would have taken in a similar scenario,
- Your actions amount to a disregard for human life or an indifference to the consequences of your acts, and
- A reasonable individual would have known that acting in a similar manner would likely result in harm to another
The test under consideration is a reasonable test and a matter for the jury to determine. It is thus upon the prosecution to demonstrate to the jury that your actions went beyond the actions of an ordinary person given the circumstances.
Note: There is no religious exemption for criminal negligence. In the past, some parents failed to seek medical treatment for their seriously ill children and opted to pray for them instead. A reasonable person would seek medical attention despite their religious beliefs.
Great Bodily Injury
Any substantial physical injury meets the great bodily injury threshold. Therefore, minor, moderate, or trivial injuries are not considered. Additionally, the court will consider the potential of your actions resulting in the child's death.
Whether an injury meets the great bodily injury threshold is a matter to be determined by the jury. It means that the injuries considered great vary from one case to another. However, some of the more common injuries considered to have met the great threshold include:
- Broken bones
- Permanent disfigurement
- Extreme physical pain
- Severe cuts requiring extensive stitches
- Paralysis
- Concussions
- Spinal injuries
- Loss of bodily function
Further, it is also worth emphasizing that the child need not suffer said injuries. It is only significant that he/she was likely to suffer said injuries.
Evidence Availed in Child Endangerment Cases
The following are some examples of the evidence prosecutors will produce to prove their case against you.
The Child’s Physical Condition
Expert witnesses will testify about the child’s injuries, bruising, or physical state. Prosecutors rely on the medical expert's testimony to explain the pattern and nature of the child's injuries and link them to child endangerment.
Condition at Home
Prosecutors focus on the safety, health, and sanitary conditions of a home. Any lack of food, lack of running water or heating, dirty or torn clothes, or a child’s dirty room is enough to convince a jury of your guilt.
Medical Records
Prosecutors rely on the history of a child’s bruising or injuries in suspicious circumstances to make the case. These medical reports provide the parent’s or caregiver's explanation for the injuries and the level of concern of the parent or caregiver. While a defendant could not have been arrested at the time because of a lack of sufficient evidence, this history will be pivotal for prosecutors in establishing a pattern of abuse.
A Defendant’s Confession or Statements
During investigations, detectives and, by extension, the prosecution hope for a confession. In some cases, defendants accept responsibility for the child’s condition but explain it away as a measure of discipline. Additionally, a spouse or an intimate partner could come forward to testify. If so, they could allege that you made statements acknowledging wrongdoing in your actions against the child.
Defenses Applicable in a Child Endangerment Case
Defense attorneys have several defense strategies they could use to challenge child endangerment charges. The following are more common.
a) You Were Reasonably Disciplining Your Child
Parents have a right to reasonably discipline their children. Emphasis is on a “reasonable” standard. You can, therefore, use corporal punishment on your child as long as it is appropriate. Corporal punishment refers to physical punishment directed to the body. It includes spanking, confining a child to their room, disciplining with a belt or paddle, or sending the child to bed without supper. Thus, reasonable punishment is a defense in PC 273a violation proceedings.
Courts consider the child’s age and size, the punishment, and the injuries or the likely injuries that could have resulted from the punishment in determining whether your actions were reasonable.
b) Lack of Willfulness
Willfulness is pivotal in establishing your guilt. It is upon the prosecution to prove willful action on your part beyond a reasonable doubt. Further, you should be criminally negligent to be found guilty of the crime.
When your actions are accidental, or the child’s injuries, bruising or perceived harm was an accident and not a consequence of criminal negligence but a result of ordinary negligence, you are not criminally liable under Penal Code 273a.
c) You are a Victim of False Accusation
Custody battles are an extremely emotional moment for the parties involved. It is also no secret that intimate partners go to extreme lengths to win. Some manipulate their children to accuse their ex-partners of abuse falsely.
Caretakers are also used in these proceedings. Some falsely accuse the child’s parents or guardians to cover up his/her abusive acts on the child.
Further, children could also falsely accuse the defendant to get back to the parent or as a means to secure his/her current status.
Whatever the accusation, trust that the California Criminal Lawyer Group will establish the truth and present the evidence in your defense.
d) Lack of Evidence of Serious Bodily Harm
Prosecutors should substantiate their claims that the child has suffered or been at risk of suffering serious bodily harm. Failure to do so is an opportunity for your defense attorney to challenge this claim citing the inadequate evidence to find you guilty.
e) Mistake of Fact
Not all accusations result from malicious intent. Sometimes charges arise from allegations from well-meaning individuals concerned for the child’s safety.
Medical practitioners, coaches, teachers, social workers, and the clergy risk facing criminal penalties for not reporting child endangerment and abuse cases to the authorities. The Child Abuse and Neglect Reporting Act requires the individuals named above (those who interact with children regularly) to report any child abuse incidences.
Therefore, these individuals could report what they perceive as child endangerment acts for fear of prosecution should they fail to do so.
f) Another Endangered the Child
When a child suffers injuries, the immediate assumption is that the child faces abuse from his/her parents or guardians. Authorities also ride on the belief that the victim suffers abuse to the extent that he/she cannot speak up. In this situation, the parent or guardian becomes the primary suspect.
However, a child can sustain injuries due to bullying in school or an altercation with other children in the park or school. Your attorney will investigate the incident to establish the truth. This defense is applicable if the injury results from another’s actions.
Penalties Upon Conviction on Child Endangerment Charges
Prosecutors decide on the appropriate charges to pursue based on the circumstances of the case. You can be charged with misdemeanor or felony charges. A conviction results in severe penalties, depending on whether you were convicted for a misdemeanor or a felony violation.
a) Misdemeanor Penalties
If your behavior did not create a risk of great physical harm or the child's death, you would be convicted of a misdemeanor offense. You will be required to serve up to six months in jail and/or part with $1,000 in fines.
A judge could issue probation terms as opposed to giving a jail sentence. This probation is referred to as summary or informal probation. Under California law, the minimum time you can remain on probation for a child endangerment offense is four years.
The following are the terms you will be expected to adhere to when on probation.
- Complete a court-approved rehabilitation program — In the case of a PC 273a violation, you will be mandated to attend and complete a child abuser’s treatment counseling program.
- Comply with a protective or restraining order issued against you — The order prevents you from contacting the child. One of the terms in the order could include a “stay away” provision. This provision prohibits you from contacting the child and could apply where the child resides, even if it is your home.
- Additional orders include abstaining from drugs and alcohol and being subjected to random drug testing — This provision is applicable if a defendant was under the influence of alcohol and drugs when he/she committed the alleged offense.
Probation Waiver, Termination, and Expungement
Before a court issues a probation waiver, terminates, or expunges the probation terms, it must be clear that doing so is in the best interest of justice.
If you comply with all the terms of your probation, you are eligible for early probation termination. You should have complied with the probation conditions for at least one to two years.
Expungement, on the other hand, differs from probation termination. You will have to comply with your probation terms and conditions within the set probation period. Once completed, you can apply to have your criminal record expunged through your attorney. The outcome of this application rests on the judge's decision. Violating your probation during this period or failing to adhere to the set terms and conditions will likely inform the judge's decision to deny your expungement request.
b) Felony Penalties
You could face felony charges if there were a probability of the child suffering great bodily harm or death. The risk is not enough to warrant an automatic felony charge. The DA could opt to pursue misdemeanor charges.
In his/her decision, the DA also considers any prior convictions and the exact circumstances in your case. Any priors are likely to result in felony child endangerment charges.
Convictions on felony charges result in 2, 4, or 6 years in prison and/or a fine totaling $10,000. You could also serve formal or felony probation terms for a minimum of 4 years instead of prison time. Further, after serving the probation, you can apply to have your records expunged, subject to meeting the criteria outlined above.
c) Sentence Enhancements
Should the child suffer great bodily injury, you will receive enhanced penalties over and above those issued by the judge. Sentences for child endangerment convictions are enhanced if the child sustained great physical harm, and the injuries resulted from criminal negligence.
If you are found to have inflicted great physical harm on the child, you will receive an additional 3 to 6 years in prison to be served consecutively. The time hinges on the nature of the injuries and the victim’s age.
Further, should the victim die due to criminal negligence, a judge will issue an additional four years to your prison sentence to be served consecutively. When a child dies, the DA could opt to pursue either of the following charges:
- Second-degree murder, a PC 187 violation
- Voluntary manslaughter, a PC 192(a) violation
- Involuntary manslaughter, a PC 192(b) violation
Child endangerment charges could also lead to a strike. If convicted on felony charges and the victim suffered great bodily harm, your conviction will result in a strike. You will receive double the penalties issued upon your conviction if you are a second striker. If this conviction results in a third strike on your record, you will be required to serve a minimum of 25 years to life in prison.
Offenses Related to Child Endangerment
The following crimes are related to child endangerment. Prosecutors could opt to charge for these crimes instead of or in addition to child endangerment.
Driving Under the Influence
It is an offense to drive a vehicle under the influence of alcohol and/or drugs. Prosecutors introduce DUI charges alongside child endangerment charges if you drove under the influence of drugs and/or alcohol with a child passenger.
The DA also can seek enhanced sentencing instead of charging you for the DUI offense. If so, you will receive several days to your DUI jail sentence, subject to an increase if you have prior DUI convictions. If the child is below 14 years of age, you will receive a mandatory jail sentence of 48 hours for a first-time DUI, increasing to 90 days if you are a fourth-time DUI offender.
Child Neglect or Failure to Provide Care
Child neglect is a violation of Penal Code 270. You will be charged with this offense for failing to provide the minor with physical necessities, including food, shelter, medical attention, and proper clothing. However, you will not be found guilty if the failure is not through a fault of your own. For example, if you cannot afford to provide said necessities.
Convictions result in one year in jail and parting with $2,000 in fines. Subsequent convictions could result in increased penalties, including prison time.
Child Abuse
Prosecutors will pursue charges under PC 273d when there is direct physical abuse of a minor. This offense does not require great bodily injury. Slight harm is enough to result in a conviction.
Child abuse is a wobbler. If convicted of a misdemeanor violation, you will be sentenced to serve up to one year in jail and part with up to $6,000 in fines. For felony charges, the penalties include 2, 4, or 6 years in prison and/or a fine of up to $6,000.
Lewd Acts With a Minor
It is a crime under Penal Code 288 to improperly touch a minor. PC 288 seeks to penalize individuals guilty of touching children for sexual purposes.
For purposes of this law, a child is any individual below 14 years or individuals who are 14 or 11 years old if the defendant is ten or more their senior.
Depending on the circumstances of the crime, you could face significant prison time as high as ten years to life in prison and part with fines of up to $ 10,000. Further, you could be required to register as a sex offender and have a strike added to your sentence per California’s Three Strikes Law.
Contact a Reputable Santa Ana Criminal Defense Attorney Near Me
Contact the California Criminal Lawyer Group if you are under investigation or are facing child endangerment charges in Santa Ana. Early intervention is critical and could significantly impact the outcome of your case. Let us evaluate your case and take appropriate steps, including negotiating with the prosecution to secure the best outcome. Contact our team today at 714-844-4151 for further assistance.
