Penal Code 273a makes it a crime to willfully allow a child to suffer harm or to have his/her safety or health endangered. Because of the emotional connections we have with children, cases of child endangerment and abuse are situations we never want to encounter as parents or caregivers.

While the majority of us are aware that child abuse is a serious criminal offense, some people are still unaware that willfully putting their child in danger is also a form of domestic violence. Child endangerment is a crime under California Penal Code Section 273a PC and can result in felony charges.

TABLE OF CONTENTS: hide

1. The Law of Child Endangerment in California

2. Elements of Endangerment Abuse

3. Penalties of a Child Endangerment Conviction

4. Defenses Strategies Against Child Endangerment Charges

5. Legal Advice and Free Consultation

If you are facing a wrongful accusation of child endangerment, it’s important to hire a reliable attorney as soon as possible. To arrange a free consultation with one of our attorneys at KN Law Firm, get in touch with us right away by calling the number (888) 950-0011.

The Law of Child Endangerment in California

The language of California Penal Code Section 273a states that:

“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.

Any person who, under circumstances or conditions other than those 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 may be endangered, is guilty of a misdemeanor.”

Justia.com

Definition of Important Legal Terms

Willfully
When something is done intentionally, deliberately, or on purpose, it is referred to as willfully. That doesn’t necessarily imply that you meant to harm someone or break Section 273a of the California Penal Code. It implies that you run the risk of intentionally doing harm.

Unjustifiable physical pain or mental suffering
This term means suffering or pain that is too much or not necessary under the given circumstances.

Criminal Negligence
The term criminal negligence goes beyond ordinary inattention, carelessness or fault in judgment. One is considered to have acted with criminal negligence when:

They act in an irresponsible manner that is completely different from how a reasonable human being would act under the same circumstances
The act amounts to indifference or lack of regard for life to the effects of the act
A normal careful person knows that behaving in such a manner would probably harm others

In simple terms, an act is considered criminal negligence/ carelessness when it’s very gross, reckless or aggravated such that it is in contradiction of common sense. The question being asked is whether a normal person would act in such a way in similar circumstances.

Severe Bodily Injury
Any significant or substantial injury qualifies as a severe bodily injury, this means minor, moderate, or trivial injuries are not regarded as serious physical harm.

But again, keep in mind, that the issue here isn’t whether the minor actually sustained a wound. The main concern is if the minor was placed under circumstances that were likely to cause injury to them. Therefore, if the minor suffers severe bodily injury, the prosecutor will probably file a felony charge against you.

Elements of Endangerment Abuse

To be found guilty of violating child endangerment law in California, the prosecution must prove all of the following elements of the crime beyond any doubt:

The accused:

Willfully imposed unjustifiable mental suffering or physical pain to the minor,
Willfully allowed or caused the minor to undergo unjustifiable mental suffering or physical pain,
While taking care or having the child’s custody, willfully allowed or caused the juvenile to be hurt, or
While taking care or having the child’s custody, willfully allowed or caused the minor to be in a place where the child or their health was threatened
The accused was criminally negligent when they caused or allowed the minor to be injured, endangered or to suffer, and
In case the defendant is the child’s parent, they were not disciplining the minor in a reasonable manner.
Additional Element to Present Evidence for Felony Child Endangerment

In order for a child endangerment offense to be classified as a wobbler, the prosecution must provide proof that you reacted in a way that could have resulted in death or serious bodily harm. It’s not necessary that your action caused harm or loss of life.

Penalties of a Child Endangerment Conviction

Under PC 273(a), child endangerment can be charged as a misdemeanor or a felony. How it is prosecuted depends on whether the risk to the child could have resulted in death or serious bodily harm. When this is not the case, it will be handled as a misdemeanor.

A misdemeanor can result in:

Up to one year in jail
Up to $1,000 in fines
Summary probation

When processed as a felony, the potential punishments can include:

Up to six years in prison
Up to $10,000 in fines
Formal probation

Defenses Strategies Against Child Endangerment Charges

If you have been charged with child endangerment or child abuse, there are a number of defenses that your criminal defense attorney can make to defend you and keep you from going to jail or prison. The following list is some of the defenses that may apply to your case; however, to know which exact defenses apply to your case, you should contact an experienced defense attorney. Call us today for free case evaluation.

Your behavior was not willful
As we previously stated, the prosecution must demonstrate criminal negligence as a component of the crime in order to successfully convict you of violating California Penal Code Section 273a.

A skilled criminal defense lawyer can raise enough real doubts to support an innocent verdict in a number of different ways. They might assert that the harm or injury was caused by carelessness or an accident. If so, you didn’t violate Section 273a of the California Penal Code.

You were reasonably disciplining the child
Parents and guardians are allowed to discipline their children through realistic corporal punishment. An attorney should be in a position to persuade the court that you were just realistically disciplining your child if that’s the case.

False accusation
Most cases under Section 273a of the California Penal Code begin with baseless allegations. Sometimes a minor will accuse you after being coerced by your partner or ex-spouse, or the minor may be seeking revenge on one parent during the dissolution of a marriage or after one parent remarries. Such incorrect accusations may also be made by the person responsible for looking after your child.

Whatever the underlying reason, police officers don’t want to be held accountable for failing to act when children are in danger. Therefore, they have the right to detain the accuser.

Mistake of fact
A mistake of fact can occasionally be the starting point of a child endangerment case. It happens when a kind person interprets or perceives a situation incorrectly and believes it to be endangering children.

It gets worse because the law mandates that professionals like teachers, doctors, and clerics notify the appropriate regulatory bodies of any suspected case of child abuse or endangerment. If they don’t, they run the risk of being accused of a misdemeanor, found guilty, and even given a jail sentence. As a result, even in the absence of concrete evidence that the act is abusive, they feel under pressure to raise an alarm whenever they have a suspicion.

Legal Advice and Free Consultation

A charge of child endangerment is a serious matter, and anyone facing unjust charges needs a reliable Los Angeles child endangerment Attorney. The team at KN Law Firm, APLC in Los Angeles believes it’s crucial for parents and guardians to understand the California Penal Code as it pertains to child endangerment and the possible penalties.