Can a Parent Be Charged with Murder If They Fail to Protect Their Child?
The loss of a child is a devastating tragedy, but when it happens due to a parent’s failure to protect, the legal system can come into play in profoundly complex ways. California law holds parents and guardians accountable for the welfare of their children, and in certain instances, failing to fulfill this duty can lead to serious criminal charges like manslaughter or even murder.
Understanding these legal implications is critical for anyone facing such dire accusations. This article will explore how criminal liability is determined in these cases, covering the concepts of criminal negligence, the difference between murder and manslaughter, and the relevant laws in California. We’ll also provide an example from a recent case and practical advice for those navigating similar challenges.
Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.
Criminal Negligence and Parental Responsibility
The legal concept of criminal negligence is at the heart of many parental failure-to-protect cases. Criminal negligence occurs when someone acts (or fails to act) so recklessly that it significantly deviates from how a reasonable person would behave under the same circumstances. This negligence must demonstrate a disregard for human life or the well-being of others.
When it comes to parenthood, California law outlines an inherent duty of care that parents owe to their children. Parents have the legal and moral obligation to protect their children from harm, provide essential needs such as food and shelter, and make decisions in the best interest of their child’s safety and welfare. Failing to uphold this duty, especially if harm or death results, can lead to criminal charges.
Murder vs. Manslaughter in Parental Failure-to-Protect Cases
When a parent fails to protect their child, and it leads to the child’s death, prosecutors may pursue charges based on the circumstances surrounding the case. Both murder and manslaughter are possibilities, but they differ in critical ways.
Murder
Under California Penal Code 187(a), murder is defined as the unlawful killing of a person with malice aforethought. This doesn’t always mean premeditation; malice can either be expressed (intentional killing) or implied (a disregard for human life).
Manslaughter
Manslaughter, under California Penal Code 192, involves a person’s unlawful killing of another without malice. There are three types of manslaughter relevant here:
- Voluntary manslaughter may apply if a parent’s failure to act occurred in the heat of the moment or was driven by provocation.
- Involuntary manslaughter arises when the death results from the parent’s criminal negligence, but with no intent to kill.
- Vehicular manslaughter could apply if a parent’s negligence behind the wheel caused their child’s death (e.g., driving intoxicated with their child in the vehicle).
Generally, cases involving unintentional failure to protect often lead to involuntary manslaughter charges, as the prosecution must prove negligence rather than premeditated intent.
Which Charges Are Likely?
The decision to charge a parent with murder or manslaughter often depends on factors such as:
- The parent’s knowledge of the potential harm.
- Their ability to take preventive measures.
- The foreseeability of the resulting tragedy.
Relevant California Laws on Parental Failure to Protect
California law provides a range of statutes that are applied when prosecuting cases involving child neglect or abuse. Some of the key legal frameworks include:
- Child Endangerment Under Penal Code 273a
Parents or guardians can face criminal charges if they place a child in a situation where harm is likely. This does not require intentional harm—reckless disregard is sufficient.
- Failure to Provide Necessities Under Penal Code 270
This statute makes it a misdemeanor for parents to fail to provide basic needs, like food, shelter, or medical care. If this neglect results in significant harm or death, additional felony charges may follow.
- Homicide Laws
California’s general laws on homicide, which include murder (Penal Code 187) and manslaughter (Penal Code 192), are frequently used in cases where parental negligence results in a child’s death.
Understanding these laws is crucial because charges often hinge on subtle differences in the parent’s actions and the level of harm caused.
Determining Criminal Liability
Prosecutors consider several factors when determining whether a parent can be held criminally liable for failing to protect their child. These include:
- The Parent’s Mental State
Did the parent act knowingly? For a murder charge, malice or a willful disregard for the child’s safety must usually be proven. Negligence-based manslaughter charges require proof that the parent failed to exercise ordinary care.
- Foreseeability of Harm
Could a reasonable person have foreseen the risk or danger to the child? A parent cannot be held responsible for outcomes they could not have reasonably predicted.
- Duty to Protect
Did the parent have a clear opportunity and ability to intervene? Failing to act when there was a tangible duty to protect can work against the accused.
For instance, courts have determined that parents may be culpable if they leave their child in a vehicle on a hot day, knowing the risks of heatstroke, or fail to act when they are aware of ongoing abuse from another individual in the household.
People v. Collins
Brittney Collins was found guilty of second-degree murder in connection with the death of her two-month-old son, Abel James Norwood, who was fatally injured by his father, Matthew Norwood. Both parents had a history of drug use; however, Collins stopped using drugs after becoming pregnant in 2018. During the pregnancy, Norwood expressed multiple times, including in Collins’s presence, that he did not want to have a child or be a father. He also physically abused Collins both during and after her pregnancy. Shortly after Abel’s birth, Norwood took him to another room, stating he would feed and change him. Collins then heard a loud noise from the room, which Norwood dismissed with an explanation. Later, when Collins checked on Abel, she found him in critical condition. Abel was taken to the hospital but succumbed to blunt-force trauma injuries. Both Collins and Norwood faced murder charges, and Collins was convicted of second-degree murder. The Court of Appeal upheld this conviction, and the California Supreme Court agreed to review the case.
The appellate court reversed the trial court’s decision. For aider-and-abettor murder liability to apply based on a failure to protect, a parent must intentionally fail to safeguard their child from the life-threatening act to enable that act, and this inaction must actively contribute to the commission of the life-endangering act. Under a direct perpetrator theory of liability, there must be sufficient evidence to show that a parent’s failure to act created a high likelihood of resulting in the child’s death, and the parent must have been aware that their inaction would endanger the child’s life, thereby demonstrating a conscious disregard for life. Based on the facts of this case, the California Supreme Court—while emphasizing the close nature of the case—determined that Collins did not have the required mental state for second-degree murder under either theory. Specifically, the court highlighted the lack of evidence to reasonably infer that Collins was aware of the attack as it occurred.
What To Do If You Are Facing Such Charges
Being accused of failing to protect your child is a serious and emotionally overwhelming situation. The stakes are incredibly high, and the legal complexities demand immediate action. Here’s what individuals facing such charges can do:
- Contact Wallin & Klarich Immediately
Our experienced criminal defense lawyers (particularly in child-related cases) can provide essential expertise. We will review the evidence, present mitigating circumstances, and work to reduce or dismiss charges.
Contact Wallin & Klarich Today
If you are facing murder or manslaughter charges for failing to protect your child, contact our aggressive criminal defense attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and avoid serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
