Child Endangerment Defense Lawyer in Los Angeles
Have you been accused of child endangerment or child neglect? These are serious criminal charges that could lead to a felony conviction. It is also an area where the evidence may appear, on the surface, to support an endangerment or neglect charge, but a thorough examination of all the facts shows that no criminal act has taken place. Whatever the background of the case, both the penalties for and the stigma attached to a child endangerment or child neglect conviction can destroy your life as you know it, and the lives of your family members. Even an allegation of this type can have a huge effect on your standing in the community.
At CBS Law, we are experienced in a wide variety of criminal matters. If you have been charged with, or are under investigation for, a child endangerment or child neglect charge, contact our office for a free 60-minute consultation, and find out how CBS Law can help.
What is Child Endangerment?
Child endangerment includes a broad category of acts that may lead to bodily harm, death, physical pain, mental suffering, or other injury to a child. For purposes of the child endangerment statute, PC 273a, “child” is defined as anyone under the age of 18. The statute says that anyone who places a child in a situation that could lead to harm, pain, suffering or injury, is guilty of a crime. If the circumstances are not likely to produce great bodily harm or death, the offense is a misdemeanor. Otherwise, it is a wobbler. Child endangerment by a caregiver could be charged as either a misdemeanor or a felony, depending upon the facts of the case.
What are the Differences Between Child Endangerment, Child Neglect and Child Abuse?
In cases concerning the welfare, health, injuries, neglect or other problems involving a child, California has numerous statutes that might apply – or not – depending upon several factors. The identity of the adult, the relationship with the child, the nature of any injuries or potential injuries, and other factors, will determine the statute under which you may be charged.
For example, the child endangerment statute noted above appears, on the surface, to include serious child neglect. However, unlike child endangerment, child neglect is separately covered under PC 270. That statute relates specifically to a parent who fails (without a legal excuse) to furnish food, clothing, shelter, medical or other care required for their child. Note also that where the person injured is the child of the alleged abuser, the case would likely be filed as child abuse under 273.5, dealing with domestic violence. Finally, DUI with a child passenger in the vehicle under the age of 14, even without any injury to the child, is covered under VC 23572.
We should also point out that child endangerment and child abuse are not the same under the Penal Code. The willful infliction of serious “cruel” corporal punishment, commonly known as child abuse, is defined under PC 273d(a), and is always a felony.
Defenses to Child Endangerment and Child Neglect Charges
There are numerous possible defenses to a child endangerment or child neglect charge. At CBS Law, we identify potential defenses in your case, investigate the facts, and provide you with the best chance of a dismissal or a reduced charge.
Defenses in these cases may include, among others:
- Unknown Danger. The danger to the child was not apparent, you were unaware of it, and any endangerment was unintentional.
- Mistaken Identity. You were not the adult who committed the acts.
- Police Misconduct. The child was coerced by the police into making a statement against you.
Whatever the specific facts may be, you want the best legal representation to counter the charges against you. These are serious offenses, many are felonies, and all carry a heavy social stigma.
Los Angeles Child Endangerment Defense Attorney
Particularly where children are concerned, members of the public are often more concerned that someone be blamed for an injury or other problem, than the identity of the actual perpetrator. Children can be manipulated by the police, by psychologists, and by parents and other relatives. Finally, charging one person with an offense of this type often lets another person off the hook. So, the danger of manipulation is increased.
If you are facing child endangerment, child neglect, or child abuse charges, contact Chris Bou Saeed, an experienced Los Angeles criminal defense lawyer, for a free consultation. Chris understands these situations, and he will work hard to obtain the best result in your case. Call CBS Law at (213) 800-8005.