Child endangerment is a serious criminal charge in California that can lead to severe penalties, including jail time, fines, and long-term damage to your reputation and parental rights. However, child endangerment cases are often far more complex than they appear on the surface. Understanding how California defines child endangerment and the factors that prosecutors must prove can help you better understand your legal situation and how to protect your future if you are facing charges.
What is Child Endangerment Under California Law
In California, child endangerment is covered under Penal Code Section 273a. This law makes it illegal to willfully put a child in a situation where they are at risk of suffering physical pain, mental suffering, or danger to their health or safety. Importantly, you do not have to physically harm a child to be charged with endangerment — exposing them to dangerous conditions or failing to protect them from harm can also lead to charges.
Key Factors That Define Child Endangerment
For prosecutors to convict someone of child endangerment, they must prove several elements of the crime. These key factors include:
- The defendant had care or custody of a child, or at minimum, was responsible for the child’s well-being at the time of the incident
- The defendant willfully caused or allowed the child to be placed in a situation where the child’s health or safety was endangered
- The danger involved either physical harm, unjustifiable mental suffering, or exposure to conditions that could reasonably lead to harm
The word “willfully” plays an important role. It means that the actions were intentional, even if the person did not intend to harm the child. In some cases, prosecutors may argue that serious neglect or recklessness meets this standard.
Examples of Actions That May Lead to Child Endangerment Charges
Child endangerment cases are incredibly fact-specific, but common examples of situations that could lead to charges include:
- Leaving a young child unattended in a dangerous environment
- Driving under the influence with a child in the car
- Failing to seek medical care for a sick or injured child
- Allowing a child to be in the presence of illegal drugs or weapons
- Using excessive physical discipline that causes injury or emotional harm
In many cases, parents or caregivers do not believe they were endangering the child and are shocked to find themselves facing charges. This is why understanding the law’s broad definition is so important.
Penalties for Child Endangerment
Child endangerment can be charged as either a misdemeanor or a felony, depending on the severity of the circumstances and whether the child suffered actual harm.
For misdemeanor child endangerment, penalties can include:
- Up to one year in county jail
- Fines up to $1,000
- Informal probation
For felony child endangerment, penalties can include:
- Two to six years in state prison
- Fines up to $10,000
- Formal probation with mandatory counseling or parenting classes
In either case, a conviction could also impact your parental rights, your ability to work in certain professions, and your reputation in the community.
Defenses to Child Endangerment Charges
Child endangerment charges often stem from misunderstandings, accidents, or exaggerated reports. A skilled criminal defense attorney can review the facts of your case and determine the best defense strategy, which might include:
- Showing that the actions were accidental, not willful
- Proving that the situation did not actually pose a risk to the child’s safety
- Demonstrating that the accusations were false or exaggerated by a third party
- Arguing that the defendant was acting reasonably given the circumstances
Because these cases often involve emotional allegations, having an experienced defense lawyer on your side can make a significant difference in how your case is resolved.
If you or someone you love has been charged with child endangerment, it is critical to seek legal representation immediately. Contact Law Office of Michael L. Fell at (949) 585-9055 for a confidential consultation to review your case and begin building your defense.