San Francisco Child Abuse and Child Endangerment Lawyers

San Francisco Criminal Defense Attorneys Representing Individuals Charged with Child Endangerment and Child Abuse

The safety of our children is important, but many people get charged with child abuse and child endangerment who are innocent of those charges. It could be the result of a false accusation or over-aggressive prosecutors that are adding additional charges to pressure you into pleading guilty to some other crime. Whatever the case, a conviction for either child abuse or child endangerment could be devastating. You need an experienced criminal defense attorney in the Bay Area to help you get a fair result.

If you have been charged with child abuse or child endangerment, the California criminal defense lawyers of The Law Offices of David S. Chesley, Inc. are here to help. We can help you understand your options and figure out the best way to proceed. Your future is too important to do this alone. If you’d like a free consultation, call us at 800-755-5174 or send us an email via our online contact form.

Child Endangerment and Child Abuse

Many people used the terms “child endangerment” and “child abuse” interchangeably, as they mean the same thing in common usage. Under California law, however, it is important to recognize that they are two separate and distinct crimes. As will be explained in greater detail, child endangerment encompasses a broader spectrum of crimes, while child abuse focuses on those instances where a child has suffered actual physical harm.

Child Endangerment Under California Law

Child endangerment is defined under California Penal Code Section 273a. You can be charged with child endangerment in any one of the following three scenarios:

• It is alleged that you willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering;
• It is alleged that caused or permitted a child to suffer a physical injury;
• It is alleged that you caused or permitted a child to be in a situation where their health or safety is endangered.

This seems fairly straightforward, but there are a couple of nuances that are worth discussing. First, note that you do not need to have caused the child to be endangered. You can be charged with child endangerment if you were aware that the child was in danger, but you did nothing to address the situation. As troubling as this is, we also note that in most cases, the child must have been in your care or custody at the time the situation occurred in order for you to be convicted of child endangerment.

The second thing you should be aware of this that you can be charged with child endangerment even if the child was not injured or did not suffer. You can be charged with child endangerment for putting them in a dangerous situation or allowing them to be placed in a dangerous situation, even if they did not suffer any harm.

What the Prosecution Has to Prove in a Child Endangerment Case

In order to be convicted of child endangerment, the prosecution has to prove the following elements of the crime:

• That your behavior was willful or criminally negligent;
• That your actions were likely to produce harm or death under the circumstances;
• That you caused or permitted unjustifiable physical pain or mental suffering, or caused or permitted the child to be injured, or endangered the child’s health or safety.

In order to be convicted of child endangerment, the prosecution must first prove that your actions were intentional or so reckless as to be criminal. In order for an action to be considered “willful,” it must be done on purpose. However, your actions can be considered willful even if you did not intend to break the law or cause harm. The prosecutor only needs to prove that your actions were on purpose.

If your actions were not on purpose, the prosecution will need to prove that your actions were criminally negligent. Criminal negligence is behavior that is considered to be extraordinarily careless, more so than ordinary negligence. Criminal negligence is when someone acts in the following manner:

• Their actions are a gross departure from the way an ordinarily prudent person would act in the same situation;
• Their actions demonstrate an indifference toward the consequences of their actions amounting to a disregard toward human life and safety;
• A reasonable person would recognize that their actions would likely result in harm to others.

In other words, the prosecution will have to prove that your actions were outside what would be considered ordinarily prudent, with indifference to the child’s health and safety, and that it was reasonably foreseeable that your actions would result in harm.

Potential Penalties for Child Endangerment

California recognizes two separate crimes of child endangerment:

• Child endangerment involving great bodily harm or death;
• Child endangerment involving less than great bodily harm or death.

Child endangerment that does not involve great bodily harm is a misdemeanor offense. Child endangerment involving great bodily harm or death is a “wobbler” offense in California, meaning that it can be charged as a misdemeanor or a felony. In determining whether how it will be charged, the prosecution will make its decision by evaluating:

• The circumstances surrounding the alleged crime; and
• The defendant’s criminal history.

Here are the potential penalties you face if charged with child endangerment:

• If charged as a misdemeanor: up to six months in county jail, and a fine of up to $1,000.
• If charged as a felony: two, four, or six years in California state prison, and a fine of up to $10,000.

As you can see, child endangerment charges carry very serious penalties that will vary according to the facts and circumstances surrounding your case.

Child Abuse Under California Law

As mentioned above, child endangerment and child abuse are separate crimes in California. California Penal Code Section 273(d) defines child abuse as the infliction upon a child of any cruel or inhuman corporal punishment or serious injury. Note that, unlike child endangerment, it only included intentional behavior – you cannot be charged with child abuse for negligent behavior. Also unlike child endangerment, the abuse must result in physical harm to the child.

Potential Penalties for Child Abuse in the Bay Area

Similar to child endangerment, child abuse can be charged as a felony or a misdemeanor, depending on the circumstances of the offense and your criminal history. Child abuse is often charged as a felony when the following circumstances are present:

• The act was unusually cruel
• The child suffered a severe injury
• You have one or more prior convictions for child abuse or similar crimes.

If charged as a misdemeanor, you face the following penalties if convicted:

• Up to one year in jail;
• A fine of up to $6,000.

If charged as a felony, a conviction could result in a prison sentence of two, four, or six years.

Contact the Law Offices of David S. Chesley Today to Speak with a San Francisco Criminal Defense Attorney

Child abuse and child endangerment are very serious crimes that carry severe penalties. In addition to prison time and fines, a conviction for child abuse or endangerment would be public record and would destroy your reputation. The repercussions will likely change your life forever.

The best thing you can do is contact an experienced criminal defense attorney in the Bay Area as soon as possible. The San Francisco criminal defense lawyers at the Law Offices of David S. Chesley have the skills and experience to help you face your charges and get a fair result. You can schedule a free and confidential consultation with one of our attorneys by calling 800-755-5174 or by contacting us online to discuss how he can help you.