California has a zero-tolerance policy when it comes to any manifestation of domestic violence. While many associate domestic violence with aggression towards an intimate partner, such as a spouse or ex-partner, acts of harm or potential harm against children also fall under this umbrella. One prominent category in this regard is child endangerment.
Keep reading to learn more. If you have been charged with or accused of any form of domestic violence, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
What is the Legal Definition of Child Endangerment?
When someone knowingly subjects a child under 18 to potential harm, danger, or unnecessary pain, it can lead to a charge of child endangerment. The critical aspect to note is that actual harm to the child doesn’t need to occur. Merely placing the child in a risky situation can warrant a charge.
While many assume that only parents can face these charges, the truth is, any adult responsible for such acts can be charged. Typically, child endangerment in California can arise from:
- Inflicting or allowing a child to experience unwarranted physical or emotional pain.
- Deliberately causing or allowing a minor to suffer harm.
- Knowingly placing a minor in a perilous situation.
To illustrate, consider a situation where a parent leaves a loaded gun within easy access of a child. Even if the child remains unharmed, the act of exposing the child to such danger can result in a child endangerment charge.
Classifying the Crime: Misdemeanor or Felony?
Child endangerment is termed as a “wobbler” offense in California’s legal jargon, signifying that it can be categorized as either a misdemeanor or a felony. The distinction depends on the specifics of the situation and the defendant’s past legal encounters. If the child’s exposure carries the risk of severe injury or death, the charges can escalate. Misdemeanor charges can lead to a sentence of up to a year in county jail and/or a fine not exceeding $1,000. Felony convictions, however, can result in a state prison sentence ranging from 2 to 6 years and/or fines up to $10,000.
Building a Defense Against Child Endangerment Charges
There are several defenses available against such charges. A skilled attorney may argue that the actions of the accused weren’t deliberate. For instance, consider a scenario where a parent, engrossed in preparing a meal, inadvertently leaves a sharp knife within a toddler’s reach while answering the door. This unintentional act might serve as a defense since there was no deliberate intention to endanger the child.
Moreover, there are cases where child endangerment allegations emerge out of ulterior motives, such as contentious custody battles. In such situations, a thorough investigation can unveil the actuality of the claims and possibly reveal them as baseless.
Navigating the Seriousness of Child Endangerment Charges
Being charged with child endangerment is gravely serious, especially when it’s a potential felony. An adept lawyer is crucial for navigating these treacherous waters. If you or someone you know is facing such charges, it’s imperative to seek expert legal counsel. Reach out to Chambers Law Firm at 714-760-4088 for an in-depth evaluation of your case.
