Parental responsibility applies throughout to safeguard your child’s well-being, making understanding what the law expects of you crucial. Upon facing child endangerment charges, you are at risk of trial and conviction based on whether the prosecutor prepares a strong case against you. Child endangerment entails any actions or omissions that expose a person under the age of eighteen to severe physical or mental pain, depending on the circumstances. The law imposes tough sanctions on any caregiver with a legal duty to protect a child, so you must understand how California defines child endangerment.

The details you find should also help you prepare a defense if the matter goes to trial, increasing your chance of a favorable outcome. You can work on designing a solid defense against child endangerment charges by working with a skilled and experienced attorney. With their help, you can dissect the prosecutor’s accusations and find a way to challenge their reasoning. Your defense attorney also helps you better understand the elements of child endangerment, giving you a reference point for the case's advancement.

How California Defines Child Endangerment

A child is any person under 18, making them vulnerable members of society who need constant protection. As a parent or legal guardian, you have the moral and legal obligation to prevent harm, injury, and mental distress from affecting a minor in your care. Any actions contradicting this duty amount to a criminal offense called child endangerment.

The California Penal Code formally defines child endangerment under Section 273(a) as any intentional action that exposes a child to a dangerous and unsafe situation. As an arrested suspect, the investigation officers may justify your case by showing that you intentionally exposed a child to unnecessary suffering or harm detrimental to their overall well-being.

Since child endangerment charges apply in different circumstances, the prosecutor does not necessarily have to prove that the minor faced actual harm. The presiding judge and jury only require evidence to show that the possibility of damage was present in the circumstances. As a result, you are more likely to face penalties if your defenses do not refute the chance of injury to the child based on your actions.

A child endangerment charge must include exposing the minor to detrimental circumstances that affect their physical and mental well-being. Sometimes, the gauge of risk or harm is subjective, meaning that the judge determines your case based on the available evidence. Working with an experienced team can therefore impact your case significantly, making it possible to challenge the prosecutor’s presentation.

Elements of Child Endangerment Crime

Prosecutors handle all criminal charges, making it essential for them to prove your involvement and guilt in the alleged actions. The burden of proof in criminal cases also rests on a high standard that requires the prosecutor to prove their case beyond a reasonable doubt. Due to this, the prosecution team must fully dissect the child endangerment charges and show your involvement in each element of the crime.

In court, you can expect the prosecutor to focus on one element of the crime at a time, as they aim to provide sufficient proof to link you to the actions. A child endangerment charge has three main elements for the prosecutor to prove. They are:

You Wilfully Exposed the Minor to Harm

The main crime element in a child endangerment case is causing minor harm or contributing to their exposure to injury. Every case presents varying circumstances, prompting the prosecutor to provide evidence to support their specific claims against you. You can expect the prosecutor’s argument to target your direct or indirect actions as amounting to child endangerment under different lenses.

For example, you may be central to the child’s endangerment by wilfully causing them mental and physical pain. Your actions may include physical violence against the child by hitting them, using dangerous weapons against them, or exposing them to harsh conditions like extreme cold weather.

Alternatively, the prosecutor can argue that you wilfully facilitated or permitted a third party to cause the child physical or mental pain, also resulting in the charge. You may have done this by encouraging the third party to endanger the child by using false information against the minor.

Similarly, paying the third party to expose the minor to harsh conditions also amounts to child endangerment, as the offending party acts on your orders. Witness testimonies and documentary evidence that highlights your communication with third parties can serve as helpful evidence for the prosecutor.

Other possible actions amounting to child endangerment, like denying a minor access to healthcare services, are also acceptable in court as accusations against you. If your case involved the deliberate denial of medical access, the prosecutor may call on the minor to elaborate on how you intentionally deprived them of treatment. Written or oral testimonies are acceptable for the judge’s conditions, depending on the minor’s willingness to appear in court.

When proving your willful exposure of the minor to harm, the prosecutor must also elaborate on the purposeful nature of your actions. The term ‘wilful’ alludes to a contemplated action you decided to undertake regardless of the possibility of breaking the law.

Based on this, the prosecutor can still show that you acted willfully, even if you did not intend to break the law. For example, refusing to take your child to the hospital despite their requests and visible illness is a wilful action, and it is immaterial that you did not know your actions were a legal violation.

The prosecutor must also show that the minor suffered or was likely to suffer unjustifiable physical and psychological pain. To do this, they must show that the injuries or exposure to harm the minor sustained were disproportionate to their circumstances. Any exposure to pain aimed at causing distress to the minor amounts to child endangerment, warranting the prosecutor’s case. They will therefore assess your case facts to establish the nature of your actions and whether they were excessive.

You Acted in a Criminally Negligent Way When Handling the Minor

The prosecutor should also show that your actions were criminally negligent; hence the need for child endangerment charges against you. Criminal negligence invokes an accusation of extreme carelessness and the application of poor judgment, countering your role as a caregiver to a minor. In this case, it becomes an element of crime because it indicates your disregard for the statutory duty of caring for the child in question.

A proper case development calls for the prosecutor to demonstrate that you acted differently than a reasonable person. Doing so requires the prosecution team to apply the ‘reasonable man’ test, which compares your acts or omissions to those of another person in a similar setting.

For example, drinking and driving with a minor in the vehicle can be criminally negligent because an ordinary, reasonable person would worry about the minor’s safety and find an alternative means of transport. Based on this assessment, the prosecutor can show your inability to act reasonably by presenting evidence to support the accusations against you. Since each case presents different facts, evidential sources also vary.

Further, the prosecutor should show that you were indifferent to the child’s life and wellbeing and disregarded their safety. This builds on the claim that you failed to act reasonably, causing severe harm to the child.

An example of indifference and disregard involves leaving your child in the care of a known perpetrator, which exposes them to potential danger. The prosecutor can successfully prove their case against you under these circumstances, regardless of whether the minor faced actual harm.

Criminal negligence claims also require a demonstration that any other person would have reasonably known that your actions would cause harm to the child. The prosecutor can therefore call on relevant witnesses to provide evidence of the harmful nature of your activities from a reasonable person’s perspective. They may also cite previously decided cases with similar facts to yours as a persuasive tactic for the judge.

Your Actions Did Not Aim to Discipline the Minor

While parents can discipline their children reasonably, the law can intervene if their actions violate the minor’s well-being. A primary reason for your arrest on child endangerment charges involves exposing the minor to great bodily harm, which may occur as you discourage the child.

The prosecutor determines whether the minor suffered great bodily harm based on the case circumstances and additional information from a medical professional. If the findings indicate that the minor sustained severe injuries, the prosecutor can nullify any counterargument that you were disciplining the child.

The basis for nullifying your defense is that discipline measures should be moderate to send a message to the minor. For example, spanking, issuing a time-out, or restricting access to electronic devices are generally accepted punishment methods for parents. However, when your actions inflict severe injuries on the child that require urgent medical attention, you are liable for child endangerment charges.

Defenses to Fight Child Endangerment Charges

Having understood the California definition of child endangerment, you must also learn how to fight the charges to avoid facing legal repercussions. Your criminal defense attorney plays a vital role in helping you develop your defenses, so you need to work closely with them to ensure you receive essential details.

While not all defenses apply to your case, you must examine the possible approaches. Doing so equips you with various argument options to cast reasonable doubt on the prosecutor’s case. Examples of applicable defenses are:

You Did Not Intentionally Endanger the Minor in Question

Acting willfully is essential in any child endangerment case, demonstrating your disregard for the minor’s wellbeing. You can thus counter the prosecutor’s accusation by denying your wilful involvement or facilitation of child endangerment. By presenting this argument, you aim to persuade the judge and jury that you did not intentionally expose your child to harm.

The defense can be helpful if you suffer from a diagnosed mental condition that causes you to disconnect from reality, making it challenging to recognize when you endanger your child. Similarly, you can use the defense to show that all events leading to the minor’s endangerment were accidental. For example, you may have accidentally left a harmful weapon within the minor’s reach if you misplaced it or if someone else moved it.

Although your counterarguments may be valid, you should support your claims with strong evidentiary sources to increase your chances of a favorable outcome. For example, you can present your medical records to show your dissociative diagnosis. Home surveillance footage can also be instrumental in establishing that you did not intend to expose the minor to harm by leaving weapons within their reach.

You Used Reasonable Means to Discipline Your Child

The investigating officers handling your case may have misconstrued some case factors, resulting in exaggerated facts that resulted in child endangerment charges. You can defend yourself by stating that you used reasonable means to discipline your child and that they were not in danger.

Examples of evidential sources include surveillance footage and witness testimonies from anyone around you as you disciplined the minor. You can also question the validity of witness statements and other evidentiary sources the prosecutor presents. You aim to challenge the prosecutor's circumstances to show that child endangerment is highly unlikely.

Your Actions Were Not Criminally Negligent

As discussed, criminal negligence involves a severe disregard for the child’s wellbeing by acting unreasonably. You can challenge the prosecutor’s claims that you failed the reasonable man’s test by providing alternative justifications for your actions.

The defense generally works well if you justify not acting conventionally. In doing so, you counter the criminal negligence claims and subsequently draw attention to alternative facts. Your attorney will advise you to ensure that your counterclaims demonstrate your recognition of the minor’s rights and prevent the prosecutor from discounting your claims.

For example, you can elaborate on your failure to take your child to the hospital by indicating that they already have medication for their condition. You can also support your claim by showing a doctor’s report to justify your inaction in the specific circumstances.

You Face False Accusations

Your case may also involve false accusations for various reasons, warranting the need to raise a defense to counter the case. False accusations often arise when the investigation team fails to conduct a thorough factual assessment.

Some cases also involve collusion between a malicious third party and the investigation officers to fabricate charges against you. For example, if your former spouse loses custody in a divorce case, they may use malicious means to regain access to the child by accusing you falsely.

Relying on this defense requires sufficient evidence to support your counterclaim and remove criminal culpability. Your criminal defense attorney can help you obtain all necessary evidence to show that the investigation team conspired with a third party or did not meet all investigation procedures.

Another Person is Responsible for Child Endangerment

Sometimes, raising your child requires you to place them under the care of different people due to varying circumstances. For example, you may send the minor to live with relatives, or your former spouse may call in a babysitter to step in when you are away. Due to this, your child may be at risk of physical or psychological harm without your knowledge.

You may subsequently face blame for the minor’s harm as the primary caregiver, regardless of your non-involvement in the endangerment. If so, you can raise the defense that another party is responsible for the child's endangerment, as long as you have sufficient evidence to support your case.

Penalties for Child Endangerment

Provisions under Section 273 of the California Penal Code classify child endangerment as a wobbler offense, meaning it may result in misdemeanor or felony charges and penalties. The prosecutor handling your case relies on the circumstances to determine the charges to apply, with harsher facts attracting felony charges.

A misdemeanor child endangerment penalty can result in a county jail sentence of up to six months or a maximum fine of $1000. Alternatively, the judge may issue informal probation orders lasting at least four years.

A conviction for a felony may lead to a two-, four-, or six-year sentence in state prison or a fine ranging to a maximum of $10,000. Formal probation orders are also applicable, but the judge issues the directives based on their discretion.

Sentence Enhancements

Sentence enhancements are applicable on top of the penalties you receive if your case involves causing significant bodily injury to a minor. While the judge determines the severity of harm based on different case circumstances, standard enhancements apply in specific situations.

For example, causing a minor’s death attracts four more years, adding to your sentence. Personal involvement in inflicting harm on the child can also attract three to six additional years as a punitive measure for your actions.

Contact a Criminal Defense Attorney Near Me

California law imposes child endangerment charges on any person who willfully exposes or inflicts physical or psychological pain on a minor. As a suspect facing child endangerment charges, you must familiarize yourself with the crime elements and the possible defenses applicable. In doing so, you increase your chances of defending your case successfully and receiving an acquittal or sentence reduction. Working with a skilled criminal defense attorney is also essential to promoting your chances of a favorable case outcome.

At Los Angeles Criminal Lawyer, we provide quality criminal defense services to help you learn about child endangerment charges. Our team is ready to take on your case and provide solid defenses to counter the charges. You can count on us to provide sound legal advice and to represent you in court until the trial concludes. If you require legal services to fight child endangerment charges in Los Angeles, California, call us at 310-502-1314.