According to California Penal Code 273a, child endangerment is crime that involves putting a child into a dangerous situation or allowing another person to do so, without taking reasonable steps to protect him from injury and harm.
Elements of California Penal Code 273a Child Endangerment
Prosecutor must establish the following elements to prove that defendant
committed child endangerment.
- Defendant willfully imposed unjustifiable mental
suffering or physical pain on a child, caused such suffering or pain or allowed
such suffering or pain to occur when the child was in his custody. - Defendant acted in a way that was likely to produce
great bodily injury or death upon a child - Defendant was criminally negligent
- Defendant did not act reasonably while disciplining
the child.
Willfully means on purpose or
willingly. It does not necessarily mean that defendant specifically had
intention to cause harm or violate the law
Unjustifiable
physical pain or mental suffering is pain or suffering which is not reasonably
necessary or excessive under the circumstances.
Criminal negligence is more than just
inattention or carelessness. Defendant can be found to be criminally negligent
if:
- He acted in a reckless way that created a high risk of
great bodily injury or death upon a child - A reasonable person would have known that acting that
way would probably and normally result in harm to a child.
Great bodily injury is a significant or
substantial injury. Jury determines on an individual case-by-case basis the
existence of great bodily injury. It is important to mention that unlike child
abuse crime child endangerment crime doesn’t require that a child to actually
suffer an injury. Any unjustifiable mental or physical harm to a child can
result in a child endangerment charge.
Examples of Child Endangerment
Some examples of conduct including in the child endangerment
- Negligently leaving a child with a person who has a
history of abusive behavior - Leaving dangerous firearms unlocked and loaded within
a child’s reach - Failing to get medical treatment for an injured or
sick child - Involving a child in drugs transportation, manufacture
or sale - Driving under the influence
Penalties for California Child Endangerment
The punishment for violation of PC 273 mainly depends on whether or not
the defendant’s acts created a risk of great bodily harm or death to the child.
Misdemeanor Penalties for California Child Endangerment
Misdemeanor penalties for California Child Endangerment may include:
- Up to 12 months in a county jai
- A fine up to $1,000
- Minimum 4 years of misdemeanor probation
- Completion of a 12-month Child abuser treatment
program - Possible issuance of a protective order to keep the
defendant away from the child
Felony Penalties for California Child Endangerment
Felony penalties for child endangerment can include:
- Two, four or six years in a state prison
- A fine up to
$10,000 - Minimum 4 years of formal probation
- Completion of a 12-month Child abuser treatment
program - Possible issuance of a protective order to keep the
defendant away from the child - A “strike” on defendant’s record under
California’s “Three Strikes” law
Sentencing Enhancement for Causing Great Bodily Injury in Child Endangerment Cases
Sentencing Enhancements for causing great bodily injury in California child endangerment cases
- Defendant will receive an additional and consecutive three to six years in prison in case he personally and actually caused great bodily injury on the child, or
- Defendant will receive an additional and consecutive four years in prison in case the child died as a result of the defendant’s criminal negligence
Glendale Criminal Defense Lawyer
If you are a loved one has been charged with violating California Penal Code 273a, child endangerment contact our Glendale criminal defense lawyer today at 844-522-7752 for a consultation.