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Penalties & Sentences for Carjacking w/ Firearm

Due to the violent, traumatizing, and potentially lethal nature of the crime, carjackers in California can expect severe repercussions, ranging from lengthy incarceration to substantial collateral damages.

While an adept criminal defense attorney in San Diego can help mitigate the consequences of a base crime, using a firearm in the commission of a crime further exacerbates the situation and the related penalties.

As such, it is imperative for anyone accused of this offense to understand the gravity of being charged with crimes involving firearms, which can best be done by taking a closer look at all the potential outcomes.

What is the penalty for carjacking in California?

Under California Penal Code (PC) §215, the basic sentence for carjacking is:

• Incarceration: 3, 6, or 9 years in state prison;
• Fines: up to $10,000, or;
• Both incarceration and fines.

The exact severity of the sentence (i.e., the amount in fines and the duration of prison time) is determined on a per-case basis, taking into account the specific circumstances and the existence of aggravating factors. However, this also means that the case is subject to potential enhancements, of which there are many, and all of which can dramatically increase the penalties, especially prison time.

How much time do you do for carjacking with a firearm in California?

The minimum time is 3 years and the maximum 9 years, but this implies that no enhancements apply, which is rare and typically “reserved” for first-time offenders – who did not use a firearm to commit carjacking. In most other cases, the penalty may be enhanced, based on:

• The presence or use of a weapon: If the perpetrator used a firearm (or another deadly weapon) during the act, the sentencing enhancement under CPC §12022.53 (“10-20-Life” Law) may apply, as follows:
  • Additional 10 years, if a firearm is used or just possessed during carjacking;
  • Additional 20 years, if a firearm was discharged;
  • Life in prison, if the use of a firearm resulted in greater bodily injury (GBI) or death.
• The defendant’s prior criminal record: If a person has a history of violent felonies, including other carjackings or other crimes, they are subject to harsher sentencing under California’s “Three-Strikes Law” (PC §667 and §1170.12), with:
  • Second strike doubling the base sentence;
  • Third strike resulting in 25 years to life imprisonment.
• The presence of minors: If children under the age of 18 were present during the carjacking, either as passengers or as victims, the defendant may face additional charges of child endangerment, per PC §273a, especially if there was a substantial risk of GBI or death (i.e., felony child endangerment).
• Gang-related activity: If carjacking was part of or related to gang activity, enhancements under California’s gang statutes (e.g., PC §186.22b) may apply, potentially increasing the incarceration time by up to 15 years.

In addition to prison time, those convicted of carjacking with a firearm can also expect severe collateral consequences, including hefty fines, restitution to the victim(s), and a permanent criminal record (to mention only a few).

Which criminal defense attorney near me in San Diego specializes in cases involving a firearm in the commission of a crime, including carjacking?

Whether you’re in Golden Hill, North City, or all the way in San Ysidro, you can count on unparalleled expertise and fierce representation of legal specialists from the Monder Criminal Lawyer Group.

We have an extensive track record of success defending clients against even the most complex charges, from felony carjacking with a firearm and having a gun at the airport (intentionally or unintentionally) to the most severe cases of GBI with a firearm.

Contact us today to schedule a confidential consultation and ensure the best possible outlook of your case!

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Carjacking w/ Firearm: Legal Framework

With 202,000+ vehicles reported stolen in 2023 alone, we can say that car thefts in California are a relatively common occurrence. While carjackings account for a small percentage of those cases – only around 1% total – the severity of the crime is significantly higher.

The reason for this is that using a firearm in the commission of a crime immediately elevates the offense to the status of a violent felony, meaning that the (alleged) carjacker will need an excellent criminal defense lawyer in San Diego to stand a chance in court.

Today, we’re exploring the legal framework around carjacking, including definitions, related laws, and distinctions between this and similar offenses, to ensure you have a good understanding of the gravity of this crime and its repercussions.

What does carjacking mean?

By definition in the California Penal Code:

• Carjacking is the act of taking a vehicle from someone who is driving or in immediate possession or presence of it, typically by using fear, force, or violence, with the intent of permanently or temporarily depriving said person of the vehicle.

In simpler terms, carjacking can be defined as “hijacking” a car, but with a significantly more sinister tone, primarily due to the higher level of aggression and coercion involved when carrying out the act.

Also, note that carjacking does not necessarily mean that the person must be the driver or its owner. The “presence” portion infers that the definition is applicable to the passengers in the vehicle as well.

What is the difference between grand theft auto and carjacking?

While both crimes are similar in that they both involve depriving someone of their vehicle, the distinction lies in the method of theft:

• Grand Theft Auto (GTA): Appropriating a vehicle without the owner’s permission, but without using force, fear, or violence.
  • Example: Swiping a vehicle from the parking while the engine is still running.
• Carjacking: Stealing a vehicle using force, fear, or violence against the owner or the person operating it.
  • Example: Pulling a driver or passenger out of their car at gunpoint.

What is the California Penal Code for carjacking?

The specific statute that defines, criminalizes, and penalizes carjacking in the State is the California Penal Code (CPC) §215. This section of the code prescribes basic (i.e., non-enhanced) penalties for committing carjacking, including substantial fines and prison time.

Is carjacking a felony in California?

While GTAs are generally “wobbler” offenses (meaning they can be tried as either misdemeanors or felonies, depending on the circumstances), carjackings are always considered felonies per CPC §215 due to the violent nature of the crime. 

That being said, the severity of penalties (i.e., the height of fines and length of prison time) may vary based on the specific circumstances surrounding the case, and may be subject to further enhancements, especially if the firearm was used to commit a crime.

Which criminal defense lawyer near me in San Diego is the top choice for a firearm in the commission of a crime & similar cases?

If you’re looking for a legal team to undertake a carjacking case involving a firearm, you won’t find anyone better in Clairemont or the entirety of San Diego than Monder Criminal Lawyer Group. Experienced, strategic, and proactive, our attorneys are ready to meticulously examine every detail of your case and ensure that the odds are in your favor.

We also specialize in other areas of criminal law, including handling cases of being caught with a gun at the airport, minimizing the related charges, and numerous others – so don’t hesitate. You don’t have to risk your freedom when a reliable team is readily at your disposal. Reach out to us today to schedule a confidential consultation!

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Assault with a Firearm: Definition & Laws

Given the potential to result in great bodily harm and high chances of a lethal outcome, assault with a firearm is rightfully placed at the top of the severity ladder in the California legislative system. Understanding the laws governing this crime and the help of an excellent San Diego firearms defense lawyer is critical if you’re facing charges, in order to mitigate the penalties or avoid conviction altogether.

What is 245(a)(2) PC in California?

California Penal Code (PC) §245(a)(2) defines and governs the crime of assault with a firearm. Specifically, this section criminalizes the act of assaulting another person with any type of firearm, which is defined in CA PC §16520 as any “device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion”. This includes (but is not limited to):

• Handguns;
• Rifles;
• Shotguns;
• Automatic weapons (full or semi);
• Machine guns.

To be convicted under PC §245(a)(2), the prosecution must prove the following elements beyond a reasonable doubt:

• You committed an act with a firearm that by its nature would directly and probably result in the application of force to a person.
• You had the present ability to apply force with a firearm.
• The act was carried out willfully, i.e. you acted deliberately and not by accident or mistake.
• When you acted, you were aware of the facts that the act would directly and probably result in the application of force to someone.
• The act was performed with a firearm (as defined above), in a manner that could cause bodily harm to another person.

It must be noted that the firearm does NOT even have to be loaded for a crime to constitute a felony under PC §245(a)(2) – proving the above elements is enough for sentencing.

Is assault with a firearm a felony in California?

In the vast majority of cases, yes – assault with a firearm is considered a felony, especially if the act resulted in greater bodily injury (GBI) or included the intent to cause harm. However, each case is evaluated based on the specific circumstances and there are instances (however rare) where the crime could be charged as a misdemeanor. 

What is the lowest charge of assault?

The “lowest” charge depends on the specific circumstances of the incident, as noted above. In general, if the elements for PC 245(a)(2) cannot be proven beyond reasonable doubt, or if the prosecution chooses to charge a lesser offense, the next lower charge might be:

• Simple Assault (CA PC §240), which does not entail the use of a deadly weapon or firearm. This crime is considered a misdemeanor and is punishable by up to 6 months in county jail.
• Brandishing a Firearm (CA PC §417) refers to exhibiting or drawing a firearm in a rude, angry, or threatening manner, but not necessarily using it in a way that would directly apply force to another.

Is pointing a gun at someone a felony in California?

It all depends on the context, but pointing a gun at another person can indeed lead to felony charges. For instance, if the gun is pointed at someone in a way that could and probably would result in the use of force, then the act may constitute felony assault with the firearm.

Another instance is the aforementioned crime of Brandishing a Firearm. While this can be a misdemeanor, it becomes a felony if the act is targeted toward a peace officer or firefighter, the defendant has prior convictions for a serious crime (not necessarily assault with a firearm), or if the act was committed as a part of gang activity.

Which San Diego firearms defense lawyer near me is the best choice?

You won’t find a better team to entrust your defense to anywhere north of the US-Mexico border, than San Diego’s own Monder Criminal Lawyer Group. We’re an award-winning collective that boasts extensive hands-on experience, in-depth knowledge of California criminal law, and strategies tailored to your unique circumstances. Reach out to us today and give your case the best chance at a positive outcome!

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Sentences & Punishments for Assault with a Firearm

The prevalence and implications of gun crimes in the US necessitate strict regulative measures to promote public safety and prevent gun violence. However, California takes those measures quite a step further.

The Golden State is one of the strictest when it comes to these crimes, imposing incredibly high penalties for virtually all gun-related offenses – and assault with a firearm is at the very top of the severity list.

Given the potential for long-term consequences across every sphere of life, anyone facing charges of this (or similar) crime should enlist the help of the best San Diego firearms defense attorney they can find in order to secure the most favorable outcome.

How much time do you get for assault with a firearm in California?

The penalties for assault with a firearm can be severe and vary depending on several factors, including:

• The specific circumstances of the case;
• The defendant’s prior record (i.e. striker or non-striker);
• The type of firearm used.

Here’s a general breakdown of the potential penalties, as per California Penal Code §245 for first-time (non-striker) offenders:

• PC 245(a)(2): Assault with a Firearm:

• Felony: 6, 7, or 9 years in state prison
• Fine: Up to $10,000

• PC 245(b): Assault with a Semi-Automatic Firearm:
  • Felony: 9, 11, or 13 years in state prison
  • Fine: Up to $10,000
• PC 245(d)(3): Assault with a Machine Gun or .50 BMG Rifle:
  • Felony: 15 years to life in state prison
  • Fine: Up to $10,000

The sentence can be further enhanced based on the specific circumstances of the case and the presence of aggravating factors, such as:

• Use of a firearm in the commission of a felony (PC 12022.5): +1 to +10 years in state prison (depending on the type of firearm)
• Personal use of a firearm causing great bodily injury (PC 12022.7): +3 to +6 years in state prison
• Gang enhancements (PC 186.22): +2 to +15 years in state prison

In addition, if the crime is considered a “strike” under California’s Three Strikes law (PC 667/1170.12), the defendant may face:

• First Strike: Double the base sentence
• Second Strike: Triple the base sentence
• Third Strike: 25 years to life in state prison

What are the consequences for assault in California?

Beyond prison time and fines, those convicted of assault with firearms in California may face a host of additional consequences, including:

• A lifetime ban on owning, possessing, or purchasing firearms in California and potentially under federal law as well.
• Stringent probation terms, provided that the probation is granted instead of, or in addition to, jail time
• Paying restitution to the victim (or their dependents) for medical expenses, lost wages, psychological counseling, and other costs that resulted from the assault.
• Employment and professional challenges, including loss of a current job, difficulty finding a job in the future (due to criminal record), and suspension/revocation of a professional license.
• Difficulties finding housing and/or being denied housing in programs subsidized by the government due to the existence of a criminal record.
• Immigration consequences (for non-U.S. citizens), including deportation and/or denial of naturalization.
• Mandatory mental health evaluations and potentially mandatory treatment as a part of probation or plea deal, especially if substance abuse or mental health issues were involved.

Where to find an experienced & strategic San Diego firearms defense attorney near me?

Whether in Golden Hill, San Yisidro, or elsewhere in San Diego, you won’t find a better team to entrust your defense to than Monder Criminal Lawyer Group. We’re an award-winning collective that specializes in different areas of California criminal law, ranging from basic instances of assault with a firearm to firearm-inflicted greater bodily injuries and many more. Reach out to us today and secure a partner dedicated to your future!

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Consequences & Defense Strategies for Elder Abuse

In California, the crime of elder abuse is categorized as one of the more serious offenses in the sphere of domestic violence. As such, it carries harsh repercussions, including lengthy prison times, strikes on the criminal record, and hefty fines.

Fortunately, an adept elder abuse defense lawyer in San Diego can employ a variety of strategies to lower the sentence or have the charges dropped completely. Today, we’ll help you familiarize yourself with both the implications and defenses for elder abuse in California.

Is elder abuse a felony in California?

Under the California Penal Code §368, abuse of the elder can be tried as either a misdemeanor or a felony, depending on the severity of harm caused to the person and the intent of the perpetrator:

• Felony elder abuse: If the perpetrator’s actions were willful or intentional, and they resulted in serious physical injury or death, great mental or emotional harm, or significant financial exploitation, the District Attorney’s office will most likely choose to pursue the offense as a felony.
• Misdemeanor elder abuse: If the perpetrator’s actions (or inaction) merely put the elder in a dangerous position, they neither knew of the risks nor was the danger obvious at the time they engaged in the conduct, or if the extent of physical, mental, emotional, or financial harm is less severe, the case is most likely be filed as a misdemeanor.

Still, similar to the cases of child abuse and endangerment, i.e. due to the vulnerability of this demographic group, both misdemeanor and felony cases of elder abuse carry significant consequences, with the latter being much more severe.

What’s the defense against elder abuse charges in California?

There are several effective strategies criminal defense attorneys may employ to clear a person of charges, which may include proving one or more of the following:

• False accusations: The defendant’s conduct does not constitute elder abuse under CA PC §368 or the victim made false allegations.
• Lack of intent: The defendant did not purposely harm the elder or placed them in the position of harm through criminal negligence.
• Mistaken identity: It wasn’t the defendant who committed elder abuse but, rather, a third party.
• Different sources of harm: Injuries were caused by something other than abuse.
• Consent: The elderly voluntarily consented to actions that resulted in them being harmed.
• Insufficient evidence: Lack of clear or convincing evidence of abuse.

Note that this is not a comprehensive list. There are several other possible options and you can expect your attorney to explore them accordingly, based on the circumstances surrounding your case.

What are the consequences of elder abuse?

The severity of consequences for the crime of elder abuse will depend on whether it’s sentenced as a misdemeanor or a felony:

Misdemeanor elder abuse: 

• Up to 1 year in county jail;
• Fine of up to $6,000;
• Be issued a Protective Order;
• Be issued a Stay Away Order;
• Informal probation;
• Restitution to the victim.

Felony elder abuse:

• 2, 3, or 4 years in state prison;
• Fine of up to $10,000;
• Receive a strike on the record, per CA Three Strikes law;
• Formal probation;
• Be issued a Protective Order;
• Be issued a Stay Away Order;
• Restitution to the Victim.

In addition, there are several possible enhancements to the sentence, based on the victim’s age:

• The victim is/was under 70: 3 additional years for greater bodily injury and 5 additional years for death;
• The victim is/was over 70: 5 additional years for greater bodily injury and 7 additional years for death.

Note that these enhancements only apply if the perpetrator knew about the victim’s age at the time of the offense. Otherwise, this is another opportunity for the defense to lower the sentence or even cause the dropping of charges altogether.

Who’s a proven elder abuse defense lawyer near me in San Diego?

If you’re looking at charges for child endangerment, elder abuse, or any other type of domestic violence, you want a team that is capable of providing tailored and strategic defense, boasts extensive knowledge of the subject matter, and is willing to go above and beyond to prove your innocence. 

In San Diego, you will find that team at Monder Criminal Lawyers Group. With a collective of recognized specialists and a track record of success, we’re the best choice of legal partner you’ll find anywhere from the Port of San Diego to Escondido and beyond. Reach out to us today and let us start building you a robust defense that you deserve!

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Understanding the Crime of Elder Abuse

The elderly are among the most vulnerable members of our society. Their physical and mental deterioration makes them an easy target for different forms of abuse which, sadly, happens all too often despite the legal safeguards put forth by the State of California.

Similarly to child abuse and endangerment laws, the legislation pertaining to elders can be confusing and difficult to understand, placing those accused of these crimes in an unfavorable position for defense and protection of their rights. 

While an experienced elder abuse defense attorney in San Diego can help you navigate the convoluted maze that is California criminal law, gaining a deeper understanding of what these crimes entail the best first step toward an effective defense.

What qualifies as elder abuse in California?

Understanding elder abuse can be somewhat difficult as, in California, it is governed by both criminal and civil law. Therefore, we have two overlapping definitions of this crime:

• Civil elder abuse (CA Welfare & Institution Code §15610): When a person causes physical, mental, or financial harm to an elder (65 years of age or older), either intentionally, through negligence, or by depriving them of care, goods, or services necessary to avoid harm and suffering.
• Criminal elder abuse (CA Penal Code §368): When a person knowingly and willfully, through their actions or failure to act, inflicts unjustifiable physical, mental, or financial harm on an elder, or permits them to be placed in a situation that could endanger their health.

The main difference between the two is in the repercussions of the crime. Civil law (CA WIC §15610) seeks to provide reparations to the victim (typically financial), whereas Criminal law (CA PC §368) seeks to punish the person who committed the crime.

It should also be noted that these laws pertain to dependent adults as well – individuals who are 18 to 64 years of age, whose physical disability or mental limitations make them incapable of caring for themselves or protecting their rights.

What are the types of elder abuse?

California laws define 7 types of elder abuse:

• Physical abuse: Any intentional use of force resulting in pain, injury, or impairment of the elder (e.g. slapping, hitting, kicking, shoving, etc.), as well as restraining, confining, force-feeding, or using drugs on them against their will.
• Emotional or Psychological abuse: Causing mental and emotional pain to the elderly through non-physical means, such as verbal assault, threats, insult, ridicule, as well as ignoring and isolating them from friends and family.
• Sexual abuse: Any form of non-consensual sexual contact, such as unwanted touching, molestation, and rape but, also, forcing them to watch pornographic material or sexual acts.
• Financial abuse or exploitation: Unauthorized use or appropriation of the elder’s funds, property, or other assets, either by means of force, trickery, or undue influence. Examples include taking their cash, tricking them into signing legal documents, cashing their checks, forging their signatures, etc.
• Neglect by caregivers: Intentionally or unintentionally failing to provide the level of care that an elder needs, such as not giving them their medicine on time or at all, not giving them food or water, or not assisting them in personal hygiene.
• Abandonment by caregivers: Deserting or willfully forsaking an elder, leaving them to care for themselves, even though they’re incapable of doing so. Some examples include taking a senior with dementia to Kate Sessions Park and leaving them there, although the location is unfamiliar to them and they can’t navigate it safely or find their way home.
• Abduction: Removing the elderly from the State of California and/or restraining them from returning to the state.

Where can I find an assertive elder abuse defense attorney near me in San Diego?

Monder Criminal Lawyer Group houses some of the most recognized defense attorneys in the San Diego region and beyond. Our team has extensive knowledge and experience in the sphere of domestic violence, enabling us to tackle even the most difficult cases of child endangerment, elder abuse, spousal battery, and many others. If you’re charged with any of these crimes, know that our team is ready to put all their legal prowess to good use and ensure your rights are protected. Contact us today for a free consultation!

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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:

• • 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!

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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!

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Understanding Child Abuse Laws in California

As a critical issue that has plagued every US state for decades now, crimes of child abuse are met with the utmost seriousness throughout the US. California in particular, is extremely strict and actionable with the implementation and enforcement of these laws, showcasing dedication to protecting the youngest, most vulnerable members of our population. 

Even with the help of the best child abuse defense lawyer San Diego has to offer, those accused of these (and related) offenses are looking at an uphill legal battle, due to the very nature and severity of the crime. For these reasons, it is imperative to gain clarity on what child abuse actually means and how it is defined by the California legal system. 

What counts as child abuse?

In general terms, child abuse can be defined as any intentional act that causes physical, emotional, or psychological damage to a child under the age of 18. Child abuse can take several forms and includes:

• Physical abuse: Bodily injury inflicted by other than accidental means (i.e. willful cruelty, corporal punishment, unjustifiable punishment);
• Sexual abuse: Any sexual activity with a child (i.e fondling, molestation, rape, incest, indecent exposure, exploitation in any way including pornography)
• Emotional abuse: Consistent and deliberate infliction of emotional or mental harm through non-physical mistreatment (i.e. verbal abuse, humiliation, isolation, intimidation, etc.)
• Neglect: Failure to provide care, supervision, or basic needs (e.g. food, shelter, education, medical attention, etc.) resulting in harm or potential harm to the child’s well-being or development.

What is the penal code 273d in California?

The above definition is quite broad since it covers many different facets of child abuse, therefore necessitating further delineation, which comes in the form of the California Penal Code PC 273d. This piece of legislation specifically deals with inflicting corporal punishment on a child and defines the crime of physical child abuse and related sentences, stating:

• “Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years, or in a county jail for not more than one year, by a fine of up to six thousand dollars, or by both that fine and imprisonment.”

For the purposes of understanding the crime itself, we’ll focus on the first part of the definition to extrapolate the elements of the offense:

• “Willfully”: The act was committed on purpose, even if there was no intention to break the law.
• “Child”: A person under the age of 18; a minor;
• “Cruel or inhuman”: Performed without mercy or rationale; exceeding reasonable or acceptable disciplinary standards;
• “Corporal punishment”: Using physical force that results in bodily harm;
• “Traumatic physical condition”: Any type of bodily injury or harm caused by the usage of physical force (regardless of the severity).

What are examples of child abuse?

Finally, here are some real-life examples to help us even better understand which acts can be considered physical child abuse under CA PC 273d:

• Hitting a child with either hands or objects (e.g. belts, sticks, etc.);
• Burning a child with cigarettes, hot water, or any other extremely hot object;
• Shaking an infant and causing “shaken baby syndrome”
• Punching a child in the stomach, chest, face, or any other part of the body;
• Kicking a child hard enough to cause fractures, bruising, or internal injuries;
• Choking or causing any type of breathing difficulties to a child;
• Forcing physical labor that is beyond the child’s capacity, leading to injuries.

Where can I find a specialist child abuse defense lawyer near me in San Diego?

If you’re accused of child abuse or facing charges for any other domestic violence crime, such as spousal assault and battery or abuse of the elderly, there’s no one better to turn to for legal aid North, South, or East of Mission Bay than Monder Criminal Lawyer Group.

With us, you’ll have an experienced and strategic team of veritable specialists, dedicated to spearheading your case with relentless fervor to give you the best possible shot at a positive outcome. Reach out to us today and let us fight for your liberty!

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Punishment for Child Abuse in California

Given its potential to cause lasting physical, emotional, and psychological harm, child abuse is considered a serious offense throughout the US and especially in California. Therefore, it comes as no surprise that the possible punishment reflects the severity of the crime.

Being accused of child abuse can lead to a host of consequences, including hefty fines and jail/prison time, among others. Be advised that, while knowing the defense strategies for this crime can be helpful, the aid of an excellent San Diego child abuse defense attorney remains a crucial factor in securing the favorable outcome of the case.

Is child abuse a felony or misdemeanor in California?

In California, child abuse is considered a “wobbler” case, meaning that the persecutor can choose to pursue it as either a felony or a misdemeanor. How they choose to proceed will depend on a number of factors, including:

• Severity: The more serious the physical, emotional, or psychological harm is inflicted upon a child, the more likely it is for the case to be pursued as a felony.
• Intent: If the abuse is deliberate and malicious, or there are aggravating factors present (such as using a weapon to cause harm), the case is more likely to be a felony.
• History: If the perpetrator is a repeat offender, or has a history of domestic violence in general felony charges are likely.
  • Note: This is not restricted to child abuse only but, rather, can refer to previous cases of domestic violence, such as convictions for spousal battery or corporal injury.
• Type of abuse: Some forms of child abuse are treated more harshly than others, such as sexual abuse or severe neglect.
• Legal definition: California law specifically defines elements of different types of child abuse (i.e. physical, sexual, emotional, neglect) and whether they’re felonies or misdemeanors.

How long can you go to jail for abusing a child?

Based on the aforementioned criteria, being sentenced for child abuse can result in:

• Felony child abuse: 2, 4, or 6 years in state prison.
• Misdemeanor child abuse: up to 1 year in county jail.

Additional penalties

In addition to prison/jail time, the perpetrator can be subject to additional penalties, as follows:

• Felony child abuse:
  • Fines of up to $6,000;
  • Mandatory counseling via a 1-year Child Abuser’s Treatment Program;
  • 1 strike on a criminal record, per CA “Three Strikes” law;
  • Formal probation for a minimum of 3 years;
  • Being issued a Protective Order (a.k.a. Restraining Order);
  • Being issued a Stay Away Order;
• Misdemeanor child abuse:
  • Fines of up to $6,000;
  • Mandatory counseling via a 1-year Child Abuser’s Treatment Program;

• Informal probation for a minimum of 3 years;
• Being issued a Protective Order;
• Being issued a Stay Away Order.

Finally, being found guilty of child abuse can result in a restriction on custody and visitation rights or, in the most severe cases, complete and lasting termination of parental rights.

Sentence enhancements for child abuse

In addition to all of the aforementioned penalties, individuals guilty of child abuse in California will receive an additional four-year enhancement to their prison sentence for every prior conviction of the same offense. 

Which San Diego child abuse defense attorney near me is considered a true specialist?

Monder Criminal Lawyer Group specializes in different facets of domestic violence laws, from child abuse and neglect to spousal battery and assault to abuse of the elder and many more. We have extensive experience defending against all types of allegations and we’re widely recognized for our strategic yet personalized approach to every case. If you’re looking for a team that goes above and beyond to protect your liberty and your legal rights, we’re your top choice anywhere in the San Diego Bay region and beyond. Reach out today!