Under Penal Code 273(a), the crime of child endangerment occurs when someone inflicts mental or physical pain and/or suffering on a child, or allows that child to be in a position which is inherently dangerous. A person can face charges for this crime even if no harm actually befalls the child, so long as the child is exposed to an unreasonable risk of harm. For instance, if a father is driving under the influence of alcohol while his children are in the car, he can be charged with child endangerment.
You can be found guilty of child endangerment Penal Code 273(a), if you performed either of the following:
Child endangerment Penal Code 273(a) is similar to child abuse charges, however, a child endangerment Penal Code 273(a) conviction does not require that the child is actually injured, unlike that of a child abuse conviction.
In order to be convicted of child endangerment Penal Code 273(a) the prosecutor has to prove one of the following:
As you can see there are a plethora of ways that you can be prosecuted under CA child endangerment Penal Code 273a. And again, the prosecutor does not need to prove that you physically harmed the child, only that the child could have been harmed.
Child endangerment Penal Code 273(a) is a wobbler, meaning you can either be convicted of a misdemeanor or a felony depending on the circumstances of the crime. If convicted of child endangerment Penal Code 273(a) as a misdemeanor you will face:
If convicted of child endangerment Penal Code 273(a) as a felony you will face:
As previously mentioned, in order to be convicted of child endangerment Penal Code 273(a) the prosecutor is not responsible for proving that you injured a child, just that you performed one of the following elements of the crime:
If the prosecutor can prove that you performed any of these elements beyond a reasonable doubt then you will be convicted of child endangerment Penal Code 273(a).
The first element of the crime is that you performed the actions willfully. Willfully is defined by the state as acting on purpose. In other words, the prosecutor must prove that you purposefully acted in a way to endanger a child.
The second scenario in the first element states, “That you willfully permitted a child to suffer unjustifiable physical or mental pain.” Unjustifiable physical pain or mental suffering is defined as not reasonably necessary, or excessive under the circumstances.
The second element of the crime requires that you acted negligently. California defines criminal negligence as acting in a way that is so aggravated, gross, or reckless that it goes against all common sense.
The third element of the crime is that you acted unreasonably while disciplining your child. All the prosecutor has to prove for this element of the crime is that you acted in a way that was beyond the reasonable and normal means of discipline. Again, the prosecutor does not need to prove that you injured the child, only that you placed the child in a situation where he/she was likely to be injured.
If the prosecutor cannot prove any of these elements of the crime then you will not be charged with child endangerment Penal Code 273(a). Be aware that the prosecutor does not need to prove each element of the crime, they only need to prove that you fulfilled one of the elements.
Harming a child or placing a child in a dangerous situation is a terrible crime and should be punished, but only if the act was intentional and the correct person gets in trouble. That being said, there are several legal defenses that an effective criminal defense attorney will explore to prove your innocence.
The first element of the crime is the most important and often the most used legal defense. In order to be convicted of child endangerment Penal Code 273(a) the act has to be willful, meaning the action must have been performed on purpose. If your criminal defense attorney can prove that you were acting responsibly and your child got injured because of an accident then you will not be convicted of child endangerment Penal Code 273(a).
Parents in the United States have a legal right to discipline their children, and one within that right lies the ability to inflict reasonable corporal punishment. Corporal punishment is defined as physical punishment inflicted on the body. The most common type of corporal punishment that parents typically exercise is a spanking. However, if you go beyond what is reasonable then you will still be convicted of the crime. It becomes the job of your attorney to prove to the jury, the judge, and the prosecutor that your level of corporal punishment was reasonable.
Because of the nature of the crime it is not entirely uncommon for the defendant to be a victim of false accusations. Children can create a story in their head and then share it with a concerned adult who then calls the police. Any crimes involving children are very serious and are subsequently handled promptly by police which can lead to wrongful arrests. These types of allegations can also come from divorced parents who are fighting over custody of their children. Divorces involving children can be very ugly and people do whatever they can in order to be granted custody of their children, even if that means breaking the law and falsely accusing the other parent of child endangerment Penal Code 273(a).
It will be your attorney’s job to prove beyond a reasonable doubt that the allegations made against you are indeed false. Your attorney will talk to witnesses and gather valuable information from friends and family regarding your behavior and parenting skills. If your attorney can prove that you were wrongfully arrested then you will not be convicted.
If you or a loved one is facing criminal charges then it’s imperative to discuss your case with a criminal defense attorney immediately. Our Criminal Defense Attorney and has experience defending California in a variety of crimes, including “Child Endangerment”.
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