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Child Endangerment: Crime Breakdown & Elements
The most dependent and vulnerable members of the population, a lot of children in California are often subjected to some form of abuse and neglect. Child endangerment in particular, although defined as a “preventable crime”, remains an issue that’s difficult to eradicate due to the lack of awareness, underreporting, and broad nature of the offense.
Like any other crime involving children, endangerment is viewed in the most negative light by society and the CA legal systems. Those charged with the offense often need the best child endangerment defense attorney San Diego can offer to avoid hefty fines, lengthy prison times, and a permanent blemish on their criminal record. Still, the first step is to understand the nature of the crime.
What constitutes child endangerment in California?
Per California laws (Penal Code §273a), child endangerment means wilfully putting the child in a situation where they can get hurt, either physically or emotionally. To be considered a crime, the child endangerment offense must contain the following elements:
- The child was placed in a situation that poses a significant risk of harm while in the custody, care, or control of the defendant;
- Placing the child in a dangerous situation was not accidental; The defendant willfully caused or permitted the child to be placed in a situation that endangered their person or health.
Note that the law does not require proof of actual harm. The defendant can be charged with child endangering, it only requires that the child was placed in a situation that posed a significant risk of harm.
Is child endangerment a felony or misdemeanor in California?
In California, child endangerment is a “wobbler” offense, meaning that the issuing attorney has the discretion to charge it as either a misdemeanor or a felony, depending on the specific circumstances of the case. In simplified terms, the severity of the offense is directly derived from the severity of the risk posed to the child, as follows:
- There was no risk of greater bodily harm or death to the child when the offense took place: If the potential injury would have been minor to moderate, the charges typically wobble down to a misdemeanor.
- There was a risk of greater bodily harm or death to the child at the time of the offense: If the circumstances were such that the child could have suffered significant or severe injuries or a risk of death, the charges would typically be upped to a felony.
While these are primary factors in determining whether the offense is a felony or a misdemeanor, they’re not the only ones. Additional elements that could influence the nature of the charge include (among others):
- The child’s age (crimes involving younger children, such as infants, toddlers, and preschoolers, are generally viewed in a more serious light than crimes involving older children, such as school-age children and adolescents);
- The nature of harm inflicted or threatened (physical, emotional, or both);
- The defendant’s criminal history, i.e. the existence of previous offenses;
- Note: Previous offenses do not necessarily have to be child endangerment; they can be any other form of violent crime, such as domestic abuse, spousal battery, abuse of the elder, etc.
Where can I find a knowledgeable child endangerment defense attorney near me in San Diego?
From Lake Murray to the Pacific Coast and anywhere else in San Diego, you won’t find anyone better to represent you than specialists from Monder Criminal Lawyer Group. Our legal prowess is well-known throughout the region and our portfolio overflows with cases resolved to the utmost benefit of our clients.
With undeniable expertise, a strategic approach to every case, and fierce advocacy, our adept attorneys are steadfast defenders of your rights and the prime partners whether you’re facing charges of elder abuse, child endangerment, or any other domestic violence offense. Reach out to us today!
