If you are facing criminal charges of child abuse or child endangerment in Southern California, you need to get advice from an experienced criminal defense attorney like Dan E. Chambers as soon as possible. Don’t wait! Charges as serious as child abuse and child endangerment can have far-reaching effects. You could lose custody and visitation rights to your child. You could even lose your professional license or become ineligible to work at certain jobs or professions. If you are charged with sexual abuse of a child, you could have to register as a sex offender.
Child abuse laws in California
Child abuse is charged when a child is physically injured, but you can be accused of child endangerment even when there was just the potential for harm to the child. Child abuse is defined by California law as neglect, cruelty, unjustifiable punishment, or a physical injury that was not caused by accident.
Child endangerment is punishable even if the child was not actually harmed. If you did something that could have resulted in harm to the child, either physically or mentally, you can be charged with child endangerment. Or if you put a child in a dangerous situation, or allowed the child to remain in a potentially dangerous situation, you could be held responsible.
Punishment for abuse and endangerment
Child abuse and child endangerment are wobblers under California law, which means that you can be charged with either a misdemeanor or a felony. How you are charged depends on the seriousness of the accusation, but also your own previous criminal history.
A child abuse misdemeanor is punishable by up to a year in jail, but a felony conviction could mean from two to six years in state prison. If you already have a previous child abuse conviction, you might get an additional four years. For child endangerment, a misdemeanor can be punished by six months in jail and two to six years in state prison for a felony—or up to twelve years if the child was actually harmed. Both crimes can also result in fines, protective orders against you, and mandatory classes.
Putting your past on trial
Not only can your prior history hurt you if you are sentenced, previous child abuse charges may be brought up against you during your trial! Usually, the prosecutor can’t bring up your criminal history to prove that you probably committed the crime you’re being charged with now—that just wouldn’t be fair. But with child abuse charges, courts may allow evidence of other accusations, even if the alleged victim went back on their story, the charges were dropped, and you were never convicted.
Defenses and discipline
The cards may be stacked against you when you are facing allegations of child abuse or endangerment, but several effective defenses might apply to your situation. One important point is that abuse or endangerment must be “willful.” The prosecution must prove that you acted intentionally, such as by hitting a child or leaving him or her in the care of someone you knew was dangerous. But as every parent knows, accidents happen, no matter how careful you are. And sadly, even people you trust can turn out to be very different from what they appear.
In addition, you have the right in California to discipline your own child in a reasonable manner. People might disagree about using corporal punishment, but you may spank your child with your hand when you are trying to correct bad behavior. However, the physical discipline must be age-appropriate and should only cause minor, fleeting discomfort, not an injury.
Call your attorney now!
Even when the facts against you look bad, a dedicated, experienced criminal law attorney like Dan E. Chambers will do his best to fight for a favorable outcome. If you have been accused of child abuse or child endangerment in Southern California, call Dan right now! Contact Chambers Law Firm today by calling 714-760-4088, emailing dchambers@clfca.com, or sending a message via the Chat box at the bottom right of this page.
