What Is Considered Child Endangerment Under California Law?

This crime may be charged as a felony in certain situations.

What Is Considered Child Endangerment Under California Law?

In California, there are strict laws against any form of domestic violence. In most ases, these laws apply to harm or threats of harm against a current or former intimate partner (such as a spouse, co-parent, or someone that you dated). However, certain types of harm to children may also qualify as domestic violence — including child endangerment.

Child endangerment can be charged when a person willfully (purposefully) exposes a child under the age of 18 to unjustifiable pain, suffering, or danger. Even if the child is not actually harmed, a person may be charged for subjecting them to the risk or danger.

As a domestic violence attorney in Rancho Cucamonga, CA can explain, child endangerment charges can be brought against any adult — not just the parents of the child. There are three situations in which child endangerment may be charged:

  1. An adult causes or permits a child to suffer unjustifiable physical pain or mental suffering;
  2. An adult willfully causes or permits a minor to be injured; or
  3. An adult willfully causes or permits a minor to be placed in a dangerous situation.

For example, if a parent leaves a loaded firearm where a child could easily reach it, they may be charged with child endangerment. Even if the child is never harmed by the gun, the simple fact that the parent allowed the child to be in this dangerous situation is enough to support the charge.

Child endangerment is a wobbler offense, which means that it may be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history. If the risk to the child include death or great bodily injury, it will be charged as a felony or a misdemeanor. As a misdemeanor, the punishment for child endangerment includes up to 1 year in county jail and/or a fine of up to $1,000. As a felony, this crime is punishable by between 2 and 6 years in California state prison and/or a fine of up to $10,000.

There are a number of possible defenses to a charge of child endangerment. A domestic violence attorney in Rancho Cucamonga, CA may argue that a parent was not acting in a willful (purposeful) manner. If the incident was an accident, then it didn’t happen purposefully — and the crime of child endangerment should not be charged. For example, if you are preparing dinner and leave the kitchen to answer the door, leaving a knife on the counter, where your toddler finds it, then this may a defense to a charge of child endangerment. You didn’t purposefully leave the knife where your child could find it — you simply forgot about it when you ran to answer the door.

In some situations, the charge of child endangerment may be based on a false accusations. This may occur in custody disputes. A domestic violence attorney in Rancho Cucamonga, CA can thoroughly investigate the underlying facts and develop evidence that supports an argument that the allegation is false.

Child endangerment is a serious criminal offense, particularly if it is charged as a felony. If you have been charged with child endangerment, you will need a skilled attorney to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free case evaluation.

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