California Child Endangerment Defense Lawyers

Child Endangerment Overview – Penal Code section 273a

Child endangerment, as defined in California, is when any person causes great bodily harm or death, to a child. The type of harm required alone for a conviction is not limited to only physical harm. The law also punishes those who permit a child to suffer, a person who inflicts mental suffering or someone who allows the person or health of that child to be injured. In other words, any physical or mental harm committed on a child will be punishable as child endangerment.

With such a sweeping definition of child endangerment, it is important to contact attorneys at Wallin and Klarich if you are charged with such a crime. Our experienced lawyers have dealt with many of these cases and know how to adequately defend you. Most often, teachers and parents become victims and targets of prosecution under this penal code section. Our lawyers will argue on your behalf that you were merely exercising your right as a parent or parental control while disciplining the child. On the other hand, you will be punished when the infliction of punishment was under unwarrantable circumstances, or, if warrantable, the inflicted punishment was excessive or unjustified.

Usually, clients who retain one of our experienced child endangerment attorneys are able to resolve their case by dismissing the charges. However, this will depend on the facts of your case and whether or not there were previous charges of child endangerment. If you or someone you love is charged with child endangerment, it is critical that you contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 criminal defense law firm who can effectively represent your side of the story.

More California Child Endangerment Information

• Child Endangerment Defenses
• Child Endangerment Prosecution
• Child Endangerment Sentencing
• Child Endangerment FAQ’s
• Client Testimonials: Child Endangerment

Child Endangerment Defenses – Penal Code Section 273a

Child under 18

If you are charged with child endangerment, there must be a child victim. Therefore, the victim must be under the age of 18. Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.

Reasonable Discipline

Furthermore, a viable defense when facing a child endangerment charge is that the defendant acted in a reasonable manner in disciplining the child. The law allows parents and teachers to discipline the child in a reasonable manner such as spanking with the hand. However, using instruments such as a large wooden stick or wooden paddle may rise to the level of physical abuse that qualifies as child endangerment.

In addition, if you are a parent and found guilty of child endangerment, social services may begin an investigation and possibly lead to removing the child from your custody. Therefore, it is important to speak with an experienced attorney at Wallin and Klarich if you are charged with child endangerment.

More California Child Endangerment Information

• Child Endangerment Overview
• Child Endangerment Prosecution
• Child Endangerment Sentencing
• Child Endangerment FAQ’s
• Client Testimonials: Child Endangerment

Child Endangerment Prosecution in California

Child Endangerment Prosecution – Penal Code Section 273a

If the defendant inflicted pain on the child, then the prosecution must prove that:

1. The defendant willfully inflicted unjustifiable physical pain or mental suffering on a child.

If the defendant caused or permitted the child to suffer pain, then the prosecution must prove that:

1. The defendant caused or permitted a child to suffer unjustifiable physical pain or mental suffering; and
2. The defendant was criminally negligent when (he/she) caused or permitted the child to suffer or be injured or be endangered.

If the defendant while having custody, caused or permitted a child to suffer injury, then the prosecution must prove that:

1. While having care or custody of a child, willfully caused or permitted the child’s person or health to be injured; and
2. The defendant was criminally negligent when (he/she) caused or permitted the child to suffer or be injured or be endangered.

If the defendant had custody of the child and caused or permitted the child to be placed in danger, then the prosecution must prove that:

1. The defendant, while having care or custody of a child, willfully caused or permitted the child to be placed in a situation where the child’s person or health might have been endangered; and
2. The defendant inflicted pain or suffering on the child or caused or permitted the child to suffer or be injured or be endangered under circumstances or conditions likely to produce great bodily harm or death; and
3. The defendant was criminally negligent when (he/she) caused or permitted the child to (suffer or be injured or be endangered.

More California Child Endangerment Information

• Child Endangerment Defenses
• Child Endangerment Overview
• Child Endangerment Prosecution
• Child Endangerment Sentencing
• Child Endangerment FAQ’s
• Client Testimonials: Child Endangerment

Child Endangerment Sentencing in California

Child Endangerment Sentencing and Punishment – Penal Code section 273a

A defendant who is found guilty of child endangerment under circumstances likely to produce great bodily harm, injury or death, then the defendant shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years. This is known as a wobbler. A wobbler is when the prosecuting agency can either charge a defendant with a misdemeanor or a felony. A misdemeanor is punishable by less than one year of imprisonment and a felony is punishable by more than one year of imprisonment.

A defendant who is found guilty of child endangerment not under circumstances likely to produce great bodily harm, injury or death, then the defendant is guilty of a misdemeanor which is imprisonment in a county jail not exceeding one year.

If you’re lucky, then a judge may grant probation, and under state law, the minimum conditions of probation are:

1. Probation period of 48 months;
2. A criminal court protective order protecting the victim from acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions; and
3. Successful completion of no less than one year of a child abuser’s treatment counseling program. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.

More California Child Endangerment Information

• Child Endangerment Defenses
• Child Endangerment Overview
• Child Endangerment Prosecution
• Child Endangerment Sentencing
• Child Endangerment FAQ’s
• Client Testimonials: Child Endangerment

Child Endangerment FAQs – Penal Code Section 273a

California Child Endangerment Frequently Asked Questions

• How old must a child be to be left at home alone?

• My child was injured while relatives were watching them. Can I be charged with child endangerment?

• My child was injured while a neighbor was watching them. Can I be charged with child endangerment?

• I own firearms and keep them in my home. Does this constitute child endangerment?

How old must a child be to be left at home alone?

A person is a child if he/she is younger than the age of 18. California law does not specifically define when a child may be left at home alone. However, the law is broad and if the parent is criminally negligent in leaving the child home alone, and the child suffers physical or mental pain, the parent may be charged of endangering a child.

A person acts with criminal negligence when

1. He/she acts in a reckless way that creates a high risk of death or great bodily harm; AND
2. A reasonable person would have known that acting in that way would create such a risk.

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My child was injured while relatives were watching them. Can I be charged with child endangerment?

Yes, if it is found that you were criminally negligent in allowing the relatives to watch your child. Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment.

A person acts with criminal negligence when

1. He/she acts in a reckless way that creates a high risk of death or great bodily harm; AND
2. A reasonable person would have known that acting in that way would create such a risk.

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My child was injured while a neighbor was watching them. Can I be charged with child endangerment?

Yes, if it is found that you were criminally negligent in allowing the relatives to watch your child. Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment.

A person acts with criminal negligence when

1. He/she acts in a reckless way that creates a high risk of death or great bodily harm; AND
2. A reasonable person would have known that acting in that way would create such a risk.

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I own firearms and keep them in my home. Does this constitute child endangerment?

Owning firearms and keeping them in your home where children live does not necessarily constitute child endangerment. However, if the child is injured by that firearm, the likelihood of owning the firearm constituting child endangerment will increase. You will be charged if it was found that you were criminally negligent in having the firearms in the home.

A person acts with criminal negligence when

1. He/she acts in a reckless way that creates a high risk of death or great bodily harm; AND
2. A reasonable person would have known that acting in that way would create such a risk.

It is important to have an aggressive and experienced attorney defending you. With the broad language of the law, we can clarify the situation you are facing and give you the best possible defense.

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More California Child Endangerment Information

• Child Endangerment Defenses
• Child Endangerment Overview
• Child Endangerment Prosecution
• Child Endangerment Sentencing
• Child Endangerment FAQ’s
• Client Testimonials: Child Endangerment

Testimonials

Physical/Sexual Abuse Cases

My son was facing serious felony molestation charges in Juvenile Court. We hired criminal defense attorney Daniel V. Cota of the law firm of Wallin & Klarich to represent my son. It was a very long process, but Mr. Cota was with us throughout each step of the way. At the conclusion, my son avoided any time in custody and we were able to put this entire ordeal behind us. Thank you Mr. Cota for all of your help with my son’s case. We really appreciate it.

-Anonymous

I was young and naïve and had sex with a girl that I went to school with. She had a boyfriend and when she was confronted about where she had been, told them, her parents and the police that I had forcibly raped her. I was looking at being in custody for 10 years when I hired Wallin & Klarich. WK Attorney took over my case and put on a great defense for me. I was found not guilty and walked out of the courtroom that day a free man. Wallin & Klarich saved me 10 years of my life and preserved my future.

-J. G.

“Prior to retaining the services of Wallin & Klarich, I was convicted of statutory rape, which subjected me to automatic deportation. I retained the services of Wallin & Klarich to set aside conviction in order to avoid deportation. The attorneys of Wallin & Klarich moved aggressively to present my case to the District Attorney and Judge. Wallin & Klarich successfully drafted and argued a Writ of Corum Nobis and Writ of Habeas Corpus, which resulted in dismissal of all charges against me. Due to Wallin & Klarich’s suburb legal knowledge the District Attorney will not re-file any charges against me. Thus, there is no conviction on my record and INS can not initiate deportation proceedings against me. I am grateful to Wallin & Klarich for their advice and guidance. I would recommend them highly to anyone facing a similar situation or any other criminal charge.”

-M.

“I received a letter in the mail from the District Attorney’s office informing me that I was being charged with sexual battery against a woman I was seeing. Needless to say I was distraught over the entire ordeal. Here I was facing a year in jail and if convicted, I would have to register as a sex offender for the rest of my life! I knew I needed an attorney who would aggressively advocate my case because I was innocent and was being wrongly accused of a horrific crime. My relations were consensual and now to be accused that I forced myself upon someone against their will was not only completely out of character, it was disturbing.

I opened the yellow pages and come across hundreds of different ads for attorneys and didn’t know which to pick. I called a few and was disappointed, until I called the law firm of Wallin and Klarich. The conversation I had with an attorney was so reassuring that I made an appointment and went into their Tustin office to sit down and further discuss my case.

I met with an attorney and after discussing what really happened I knew she was the right attorney to represent me. Although I knew I was innocent, I was afraid because the criminal process really feels as though I have to prove I’m innocent, not that the prosecution has to prove I’m guilty. I am so appreciative that she was successful in arguing my case and pointing out all the inconsistencies in the police report and what the alleged victim had said I had done. It was all a lie and she was able to show that and bring the truth to the forefront.

Anyone going through such a horrid ordeal should have someone like Wallin & Klarich representing them. Wallin & Klarich’s knowledge of the law, along with the fact that they believed me and actually cared about the truth is what made the difference in my case. Thanks to her abilities, my case was dismissed.”

Very truly yours,
Anonymous

Child Abuse

“I was charged with child abuse and a misdemeanor complaint was filed against me. I proclaimed my innocence and entered a plea of NOT GULITY. I sought the services of the Wallin & Klarich law firm who willingly took on my case. The firm provided me with the best counsel that they had on their staff. My Wallin & Klarich attorney set my case for Jury Trial and gave a tenacious and vigorous defense, which resulted in a dismissal of all the charges.

Wallin & Klarich attorney’s professionalism, care and concern for myself and my family throughout this ordeal, made me feel like more than just another client. They made me feel like I had a friend and advocate that would fight for me with every available resource. Which proved true in the end as I was exonerated. My attorney is most certainly an asset to the partners at Wallin & Klarich. I will highly recommend their services to anyone who inquires about hiring an attorney.”

-I. J. W.

“On April 30, 2000, I was falsely accused of rape. I was facing 8 years in state prison. I met with another law firm before hiring Wallin & Klarich. I am glad I did not hire them because they did not believe that I was innocent and they were trying to convince me to take a plea bargain before seeing the evidence or appearing in court. Wallin & Klarich was the complete opposite. My attorney was able to honestly not render any conclusion until looking at the evidence and he was a forceful advocate in trying to convince the DA not to pursue the case. The result was that I got my case thrown out thanks to Wallin & Klarich. I will know who to recommend for anybody who is accused of a crime. Wallin & Klarich is the best.”

-A. E.

“I was charged with corporal injury to a child. I hired Wallin & Klarich to represent me and attorney Wallin & Klarich got all charges against me dismissed because the district attorney violated my speedy trial rights. I would recommend Wallin & Klarich to anyone who feels that their rights have been violated.”

-C. S.

“I was charged with child annoyance, which required registration and possible jail time. I was very thankful at the whole outcome. WK met my expectations. I was very happy with the outcome and my attorney. I am very happy with the outcome since I do not have to register and there is no jail time, with charges reduced. I would definitely recommend WK to anyone else.”

-M.

“I was charged with multiple felony counts. I was concerned about going to jail on my case. My attorney fought really hard to get me a good result. I was exposed to 4 years 8 months state prison. My lawyer was able to convince both the prosecutor and the Superior Court Judge to allow me to do a jail alternative program out of custody with some community service. I am very, very, pleased with my representation by Wallin & Klarich.”

-J.E.

“I was involved in a domestic incident with my girlfriend, which included a charge of child endangerment. I hired the offices of Wallin & Klarich to represent me. In the very first pre-trial the lawyers of Wallin & Klarich presented my case to the District Attorney and the Judge and the case was dismissed the same day. I believe that the familiarity Wallin & Klarich attorneys have with their particular court was instrumental in the very quick and outstanding result in my case. I would enthusiastically recommend them for any and all criminal matters.”

-Z. A.

“I was charged with unlawful sexual intercourse, Penal Code Section 261.5 for having sex with a minor. There was substantial evidence that I had committed the crime including my confession. The indicated sentence from the court if I plead guilty was 60 days in jail, registration as a sex offender and four years of probation. Notably the sex registration would have been something I would have had to do every year for the rest of my life. It would of made if difficult for me to find a job and buy a house without harassment from the police. As such I hired the law offices of Wallin & Klarich to represent me. Their attorneys are well acquainted with the District Attorneys and the judges for each court. They charged me a flat fee and kept me on making court appearances until the District Attorney finally agreed to reduce the charge to a disturbing the peace, Penal Code Section 415, with community service and informal probation. With this disposition I was able to avoid registering as a sex offender and having a sex offense on my record. In addition I was not required to do any jail time. Were it not for the efforts of the attorneys of Wallin & Klarich my life would have been seriously and permanently effected. I would enthusiastically recommend them for any criminal matter.”

-A. L.

“I was arrested and charged with six felony counts and facing 34 years in state prison. A rape conviction would have required a lifetime of registering as a sex offender. My lawyer fought the case from start to finish. During the course of my case he got some key prosecution evidence thrown out due to the illegal nature in which it was obtained. As a result, he was able to resolve my case on the third day of trial for no jail time and with all the rape charges dismissed! I can now rebuild my life thanks to the efforts of Wallin & Klarich.”

-E. P.

More California Abuse Information

• Child Abuse Index Laws: What You Need to Know
• Child Endangerment Defenses
• Child Endangerment Overview
• Child Endangerment Prosecution
• Child Endangerment Sentencing
• Child Endangerment FAQ’s
• Client Testimonials: Child Endangerment
• Corporal Injury On A Child Overview
• Corporal Injury On A Child Prosecution
• Corporal Injury On A Child Defenses
• Corporal Injury On A Child Sentencing & Punishment
• Corporal Injury On A Child FAQ’s