Crimes With Child Victims In California: Child Abuse, Endangerment & Neglect
CHILD ABUSE : PC 273(d)
What qualifies as Child Abuse?
Child Abuse, under PC 273(d) is defined in California as willingly inflicting corporal injury or punishment on a child. Child Abuse is a “wobbler offense”, meaning that this offense can be charged as a felony or a misdemeanor, depending on the injury. If the injury is severe, it may be charged as a felony. Child Abuse charges typically stem from physical punishments on children.
What kinds of punishments are Child Abuse? Can I spank my child in California?
Child Abuse usually involves allegations of serious physical punishment, for example:
using an object to inflict punishment on a child
hitting a child with a closed fist
inflicting punishment to the point of causing an injury to the child.
shaking a child
throwing an object at a child
Reasonable spankings are excluded from being charged as this crime. A reasonable spanking is considered one that is both:
for a disciplinary purpose,
and is not excessive under the circumstances.
What are the potential punishments for Child Abuse?
Jail or Prison Time
If convicted of this charge as a misdemeanor, the maximum jail time would be one year. If convicted of it as a felony, you could be facing up to several years in prison; even more if you have a history of these offenses.
Mandatory Consequences of a Domestic Violence Conviction:
As a crime of domestic violence, if convicted you would be subject to the mandatory conditions of a domestic violence offense. You can read more about those conditions here under “Mandatory consequences of Domestic violence convictions”. Those mandatory conditions include: community service, probation, fines, domestic violence classes, a protective order, and a loss of your firearms rights.
What should I do if I am charged with Child Abuse?
If you are charged with this offense and have a court date, you will need the help of an attorney to fight this. We can help you. Read more about your options and possible outcomes if you have been charged with a crime .
Whether you have only been accused, arrested, or charged with this offense, getting an experienced attorney on your side as soon as possible is the best decision you can make for a positive outcome in your case. If you are in this situation, give us a call or schedule a free consultation here.
CHILD ENDANGERMENT : PC 273(a)
What is Child Endangerment?
Child Endangerment, under PC 273(a) in California is defined as allowing a child in your care to suffer harm or have their safety endangered. This crime is a wobbler, meaning that it can be charged as either a misdemeanor or a felony. Generally, it is charged as a misdemeanor, unless the child is at risk of great bodily injury or death - at which point it is charged as a felony.
Some common scenarios that lead to this type of charge are:
a parent leaving their child unattended,
a parent that allows their partner to physically punish the child while they are in their care.
leaving weapons or substances out within access of a child
driving under the influence with a child in the car
failing to address the medical needs of a child in their care
What are the potential punishments for Child Endangerment?
Jail or Prison Time
If convicted of this charge as a misdemeanor, the maximum jail time would be one year. If convicted of it as a felony, you could be facing up to several years in prison.
Mandatory Consequences of a Domestic Violence Conviction:
As a crime of domestic violence, if convicted you would be subject to the mandatory conditions of a domestic violence offense. You can read more about those conditions here under “Mandatory consequences of Domestic violence convictions”. Those mandatory conditions include: community service, probation, fines, domestic violence classes, a protective order, and a loss of your firearms rights.
What can I do if I am charged with Child Endangerment?
If you are charged with this offense and have a court date, you will need the help of an attorney to fight this. We can help you. Read more about your options and possible outcomes if you have been charged with a crime here. Even if you have only been accused or arrested, getting an attorney on your side early can make an immeasurable difference in the outcome of your case. If you are in this situation, give us a call or schedule a free consultation here.
CHILD NEGLECT : PC 270
What is the definition of Child Neglect?
Under PC 270, Child Neglect is a crime in California that is defined as willfully failing to provide necessities such as food, shelter, medical care to a child. This offense is a misdemeanor. The court will consider your financial means if you are struggling to provide adequate care to your child.
Some examples of situations that can lead to this charge are:
leaving your child without food
failing to provide medical care to a sick child
failing to provide necessary clothes for a child
What are the potential punishments for Child Neglect?
Jail Time
As a misdemeanor, the maximum jail time if convicted of this offense would be one year.
Mandatory Consequences of a Domestic Violence Conviction:
If convicted of a crime of domestic violence, you will be subject to the mandatory conditions of those offenses. You can read more about those conditions here. Those mandatory conditions include: community service, probation, fines, domestic violence classes, a protective order, and a loss of your firearms rights.
What should I do if I am charged with Child Neglect?
Whether have only been accused, arrested, or charged with this offense, getting an experienced attorney on your side as soon as possible can change the outcome of your case for the better. We can provide important context to your situation that can change whether the district attorney moves forward with your case and fight for you. If you are in this situation, give us a call or schedule a free consultation here.
