San Bernardino Child Endangerment Attorney

Defending Californians who have been charged with child endangerment in San Bernardino.

If you have been accused of child endangerment in the state of California, it’s important to retain the services of an experienced child endangerment defense attorney. Child endangerment is sometimes confused with child abuse, which is a separate crime.

Child abuse is charged under California Penal Code 273(d), which refers to physically harming or abusing a child. Under California Penal Code 273(a), child endangerment is the possibility of harming a child. This means that it’s possible to be charged with child endangerment, even if the child did not suffer any harm.

Because no injury has to occur to the child in a child endangerment case, child endangerment is a somewhat easy crime to be charged with. Innocent people are accused of endangerment all the time. Even something like leaving dangerous cleaning products at “child level” can warrant a child endangerment claim in the state of California.

What Constitutes Child Endangerment in San Bernardino?

Penal Code 273(a) states that any adult who has a child in their care, not just parents, can be charged with child endangerment if they:

• Cause a minor to suffer physical or emotional pain
• Allow a minor child to be injured
• Allow a minor child to be placed in a dangerous situation

Let’s look at a few examples of what a child endangerment case might look like.

• Driving under the influence with a child in the car
• Leaving a dangerous weapon near a child
• Leaving a minor child with another adult who has a history of abusive behavior
• Tattooing a minor child (a violation of Penal Code 653)
• Failing to get medical treatment for a sick child

Is Child Endangerment Charged as a Felony or Misdemeanor?

Child endangerment can be charged as a misdemeanor or felony, depending on the seriousness of the situation. If there was no possibility that the child could have been seriously injured in your care, the crime will most likely be charged as a misdemeanor.

Penalties for a misdemeanor include up to one year in a county jail and/or a fine of up to $1,000. If the crime was more serious and put the child at risk for serious injury or death, it is considered a “wobbler” crime. A wobbler crime falls in between a misdemeanor and felony and can be charged as either. If you are found guilty of a felony, the penalties are greater and include a punishment of two, four or six years in a California state prison and/or a fine of up to $10,000.

Probation May be an Alternative to Jail Time

Depending on your criminal history and the judge’s discretion, you may be sentenced to probation instead of jail time. The probation length is determined by whether your crime is considered a misdemeanor or felony. If the judge orders probation, you will have certain conditions to follow, such as mandatory drug testing, mandatory counseling and protective restraining orders.

What are the Common Legal Defenses for Child Endangerment?

As we mentioned before, innocent people are charged with child endangerment every year. The child does not have to be hurt or injured, so it’s easy to be found guilty of these crimes. For example, you can be found guilty of Penal Code 273(a) if you have an unsecured firearm in the home. Even though you don’t intend to hurt a child, putting them in harm’s way is enough to be charged with endangerment.

Fortunately, there are effective legal defenses that can be used to fight child endangerment charges. By hiring experienced child endangerment defense lawyers in San Bernardino, you will have the right resources to fight your case and protect your freedom.

Here are some common defenses specific to child endangerment cases.

• The alleged endangerment was accidental and did not occur intentionally
• You were legally disciplining your child
• The allegations of endangerment were false
• Someone else was responsible for the child

How Child Neglect is Different from Child Endangerment

A less serious charge that is sometimes confused with child endangerment is failure to provide care, otherwise known as child neglect. Child neglect is punishable under California Penal Code 270 and is a less serious offense compared to child endangerment.

Under PC 270, child neglect means that the person caring for the child did not provide the necessities, including food, shelter, clothing and medical care. A parent or caregiver cannot be found guilty of child neglect if they cannot afford these necessities. Usually, PC 270 is charged as a misdemeanor and carries up to one year in jail and a fine of up to $2,000. Subsequent convictions can be charged as a wobbler crime.

Child endangerment is a serious offense that can result in jail time, fines and probation. If you’ve been accused of endangering a minor child, please get in touch with our experienced San Bernardino child endangerment defense attorneys. We have worked on many child endangerment cases over the years and know what is required to be successful. Our consultations are always friendly, free and confidential.