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Child Endangerment: Related Laws & Consequences
California law is one of the strictest and most unforgiving in the US when it comes to cases involving child endangerment, especially if the child is still fully dependent on their caregivers. Being charged for this crime carries severe repercussions and, in the vast majority of cases, the defendant will need the best child endangerment defense lawyer in San Diego if they’re expecting a “not guilty” verdict. Today, we’re exploring the legal repercussions of this offense to give you a complete understanding of what the sentence may entail.
What is the 273a law in California?
The “273a law” actually refers to the California Penal Code (PC) section 273a, which criminalizes any form of child endangerment and defines adequate legal consequences, based on the nature and severity of the offense. The CA PC §273a states:
- “Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.”
Furthermore, the CA PC §273a has three subsections, each outlying the specific aspects of the crime:
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- CA PC §273a(a) outlines the crime of wilful child endangerment that is likely to produce a significant physical injury or result in death. Since this is the more severe offense, it can be tried as either a misdemeanor or (more commonly) as a felony.
- CA PC §273a(b) deals with circumstances that are not as likely to produce significant injuries or death, but may still cause or allow a child to suffer. Typically, these cases are charged as misdemeanors.
- CA PC §273a(c) does not define the specifics of the crime. Rather it outlines mandatory conditions of probation for individuals convicted under subsection (a) or (b).
How much time can you get for child endangerment in California?
The duration of the prison time and related consequences depend on whether child endangerment constitutes a felony or a misdemeanor.
For felony child endangerment, the sentenced will receive:
- 2, 4, or 6 years in state prison;
- A fine of up to $10,000;
- Mandatory formal probation for a minimum of 48 months;
- Successfully finishing at least a year of child abuser’s treatment program;
- A criminal court protective order and/or a stay-away order.
For misdemeanor child endangerment, the sentenced will receive:
- Up to one year in county jail;
- A fine of up to $1,000;
- (Possible) Informal probation for a minimum of 48 months (per judge’s discretion);
- Successfully finishing at least a year of child abuser’s treatment program;
- A criminal court protective order and/or a stay-away order.
Can you lose custody for child endangerment in California?
It is absolutely critical to understand that in virtually every crime involving a child, whether it’s child abuse, neglect, endangerment, or otherwise, the Law’s first and most important point of order is to protect the child’s safety and well-being, both physical and emotional.
Therefore, if a person (parent, guardian, or caregiver) is found guilty of endangering the child, it is almost certain that the Court will modify the terms of guardianship. Even if the case is tried as a misdemeanor, there are likely to be some alterations to custody arrangements while complete and permanent termination of custody is all but guaranteed for the most severe cases.
Who’s considered an excellent child endangerment defense lawyer near me in San Diego?
Specialists from Monder Criminal Lawyer Group are widely considered to be some of the most knowledgeable, strategic, and ethical attorneys north of the Tijuana River Valley, all the way to Rainbow, and throughout the greater San Diego area.
Our reputation for excellence stems from our unwavering dedication to clients’ well-being and steadfast commitment to defending their interests. Whether you’re looking at a conviction for elder abuse, charges of child neglect, or allegations of domestic abuse involving an elder, child, or spouse, you can count on us to fight for your rights. Reach out today!
