California Law defines child endangerment as risking a child’s health and safety. You will be charged under PC 273(a) even when the alleged victim did not suffer an injury. The prosecutor only needs to show how your actions presented a risk to the child. Child endangerment is treated as a form of domestic violence. Therefore, the consequences of a conviction under this statute are serious.

The level of risk you presented helps the court determine the nature of your charges. A conviction for this offense will devastate your freedom and future. Early intervention from a criminal is important when you are arrested and charged under PC 273(a).

Your choice of legal guidance can make the difference between spending years behind bars and walking free after a case dismissal. At California Criminal Lawyer Group, we understand the level of impact that a child endangerment conviction would have on your life. You will benefit from our legal expertise if you face charges under PC 273(a) in Bakersfield, CA.

Understanding California Child Endangerment Laws

California has strict laws to protect the well-being of children. You will be charged with child endangerment if you willfully permit a child to suffer unjustifiable physical or mental suffering. The prosecution must prove these elements before your conviction under PC 273(a):

You Engaged in the Following Acts

The first element that the prosecution must prove in a PC 273(a) case is that you engaged in these acts:

  • You inflicted unjustifiable mental or physical suffering on a minor. Under this statute, unjustifiable injury means the child suffered unnecessary pain or suffering.
  • You allowed a child to suffer mental or emotional suffering.
  • You caused a child’s health to be injured.
  • You endangered a child’s health and well-being.

You will be charged with endangerment even if you are not the person who placed the child in the risky situation. Allowing someone else to cause harm to a child could land you in serious legal trouble.

Your Actions Were Willful

When proving your guilt for child endangerment, the prosecutor must establish that you engaged in these acts willfully. An act is considered willful when you act deliberately.

The prosecution can prove your willfulness by showing that you knew the repercussions of your actions against the child. For example, if you leave a child with someone who has harmed them before, you can be charged with endangerment.

Your Actions Were Criminally Negligent

Under California law, criminal negligence is conduct that exhibits a high disregard for the safety of others. This level of negligence involves more than a mistake of judgment, inattention, or ordinary carelessness. Inattention and mistakes of judgment are not acts of criminal negligence. Your actions indicate criminal negligence under the following circumstances:

  • Your reckless acts depart from what an ordinary person would do under similar circumstances.
  • Your actions show a high level of indifference to human life.
  • A reasonable person would have known that your actions could result in harm. The jury will determine whether or not your actions were criminally negligent during the trial.

Your Actions Could Cause Great Bodily Injury or Death

The prosecution must prove an additional element of great bodily injury if you face felony charges for child endangerment. You could be charged with a felony even if the child did not suffer the injuries. The prosecution must only show that your actions would likely produce significant injury.

Critical Evidence in Child Endangerment Charges

All the elements of child endangerment must be established before a conviction under Penal Code 273(a). The prosecution will use the following pieces of evidence to prove their case beyond a reasonable doubt:

Medical Records

The prosecution will examine the child’s medical reports for suspicious injuries that could be associated with endangerment. These records will also indicate your explanations for the different injuries detected in the child.

Child's Physical Condition

Cases of child endangerment are prosecuted aggressively. Sometimes, the court may need to examine the child’s physical condition to ascertain allegations of endangerment and injury. An expert will be used to determine whether the child’s condition is consistent with the allegations under PC 273(a).

A child who is severely malnourished or has not received medical care for a serious illness is evidence of neglect, which constitutes endangerment.

Statements You Make During the Arrest

The most critical evidence needed to convict you under PC 273(a) is your confessions or statements during arrest and interrogations. If you offer information indicating that you put your child at risk of harm, the prosecution can use the statement to convict you under this statute.

Home Environment

Child protective services may be involved in the investigation if someone reports you for child endangerment. The CPS officers will come to your home to check on the child’s living conditions or circumstances that led to the PC 273(a) allegations.

If the home investigation shows poor living conditions and a lack of food for the child, you could be charged with criminal negligence, an element of child endangerment. Additionally, if the police and CPS find controlled substances in the reach of children, you can be charged with endangerment.

Victim Testimony

If a child is old enough to answer questions, the prosecution can bring them out as witnesses in an endangerment case. The victim will account for the events reported to law enforcement officers. Children are a vulnerable group in society. Therefore, the court may be sympathetic to them and believe their testimony.

Sentencing and Punishment Under Penal Code 273(a)

Child endangerment is a California wobbler. Wobblers attract felony or misdemeanor charges in California. The prosecution will consider these factors before filing your charges:

  • The level of risk that you posed to the child. You will face felony charges if your actions could cause severe bodily injury or the child's death.
  • Criminal history. The prosecution will check your criminal record before filing PC 273(a) charges against you. If you have prior convictions for child abuse, endangerment, or domestic violence, the prosecution will file felony charges.

As a felony, child endangerment is punishable by:

  • A prison sentence of two, four, or six years.
  • Fines that do not exceed $10,000.
  • Felony probation.

If you are a first-time offender or the risk you presented to the child was insignificant, the prosecution can file a misdemeanor charge. A misdemeanor conviction under this statute will result in the following penalties:

  • A jail sentence of up to six months.
  • A fine not exceeding $1,000.
  • Misdemeanor Probation.

Probation for Child Endangerment in California

The judge can sentence you to probation instead of incarceration after your PC 273(a) conviction. Probation can be imposed for felony or misdemeanor offenses. Probation will be formal or informal, depending on the nature of your charges. A probation sentence is not automatic. Instead, your defense attorney can negotiate with the court for this sentence.

You can avoid part of your prison or jail sentence by serving probation. You will serve at least four years on probation if convicted of child endangerment. The court will be reluctant to offer you probation if you are a repeat offender or have caused the child a serious injury. Therefore, having a skilled lawyer to guide you is critical.

The court attaches the following conditions to your probation sentence:

  • Court-ordered child abusers program. The court may require you to attend a child abuse program for up to one year while on probation.
  • Random drug testing. The judge may order that you refrain from alcohol or drug use through the probation period. This is a possible condition when your drug use contributes to your crime.
  • Domestic violence restraining order. The court may issue a restraining order against you after your child-endangerment conviction. The order will mandate that you avoid contact with the victim of your crime. You may lose custody of the child you endangered.
  • Avoid criminal acts. The court sends defendants on probation to help them avoid the stigma of spending time behind bars and ensure rehabilitation. However, you must avoid committing other crimes while you serve your probation.
  • Check-ins with a probation officer. The court appoints a probation officer to check your progress during felony probation. You will be required to report to the officer regularly.

You could face charges for probation violations if you do not follow through with these conditions. The judge can allow you to waive some probation conditions if the conditions do not serve the interests of justice. After completing your probation sentence, you may be eligible to expunge your child endangerment conviction.

Expunging your record allows you to avoid the collateral consequences associated with the conviction. You can petition the court for an early termination of probation if you follow all your conditions. With an early termination, you can file your expungement petition.

Great Bodily Injury Enhancement

A sentencing enhancement is a factor that increases the severity of your punishment. Child endangerment involves placing a child at risk of harm. If the child suffered a serious injury due to your actions, you could receive a great bodily injury sentence enhancement. This enhancement may result in an additional prison term of up to six years.

In extreme cases where a child dies from endangerment, the prosecution can file additional charges for:

  • Involuntary manslaughter.
  • Second-degree murder.
  • Voluntary manslaughter.

Is Child Endangerment a Strike Under California’s three strikes law?

When child endangerment is charged as a felony, it counts as a strike under the three strikes law. Often, this occurs when the alleged victim suffers a great bodily injury. If you already have a strike on your record, you will face twice as much time as the original sentence under PC 273(a). For a defendant with two strikes on their record, a conviction for this offense will result in a prison sentence of 25 years to life.

Juvenile Dependency Consequences of a Child Endangerment Violation

When you face charges for child endangerment, the government could be involved, and a juvenile dependency case will be opened against you. While the case continues, you could lose your children to Child Protective Services. A social worker will investigate the following factors in your case:

  • Whether you violated the laws under WIC 300.
  • Whether or not your child is in danger of significant harm.
  • Whether your actions jeopardized the child’s safety.
  • Whether or not you are a fit parent.

If the social worker finds evidence of child endangerment and a violation of WIC 300, your parental rights could be at stake. Therefore, it is important to aggressively fight your PC charge.

Legal Defenses Against Child Endangerment Charges

The effects of a child endangerment conviction go beyond incarceration. Even after serving your sentence, the conviction can enter your record and affect other aspects of your life. You can fight the charges and avoid a conviction using these defenses:

Your Actions were not Willful

The prosecutor must establish that you willfully risk a child’s health and safety. If you did not intend to harm the child and your conduct was accidental, you will not be found guilty of child endangerment.

If you use an accident to defend your case, the endangerment should not result from events like leaving a loaded gun in an open area. If your child is injured while playing with friends, you cannot be convicted under PC 273(a).

Reasonable Discipline

Parents and guardians can rightfully discipline their children. However, the method used to discipline the child must be reasonable. Using excessive force on a child could result in charges of child endangerment.

If your child was not at risk of serious injury, you could argue that you were only disciplining him. The court will consider the child’s age and the discipline you claim to have inflicted to determine whether your actions qualify under the definition of endangerment.

False Accusations

False accusations of child endangerment are not uncommon in California. The penalties of a conviction for this offense are serious and long-lasting. Jealousy, anger, or a need for revenge may compel someone to accuse you of the crime falsely.

Some people may attempt to cover up their criminal actions by accusing you of this heinous crime. Another factor that contributes to false allegations of child endangerment is divorce and custody battles.

Most divorcing parents are not on good terms and will do anything to gain the upper hand in custody battles. The family court is very cautious when awarding custody and visitation. The judge always wants to ensure the best interests of the child. If you have a conviction for child endangerment, the court can favor the other parent for custody rights.

If you face false accusations under PC 273(a), your attorney can help you uncover the false accusations.

Mistake of Fact

In California, some individuals are required to report child endangerment and abuse incidents to law enforcement. These individuals include:

  • Medical practitioners.
  • Teachers.
  • School Counselors.
  • Clergy.
  • Social workers.

A mandated reporter could face criminal charges for failing to report these incidents. For this reason, any slight bruise or injury to a child could be reported as neglect or abuse. Sometimes, a child’s condition may result from factors other than endangerment. Therefore, you can use ‘mistake of fact’ to defend your case.

No Evidence of Severe Bodily Injury

When you face felony charges under PC 273(a), the prosecution must prove that the victim suffered severe bodily harm. Under this statute, serious bodily harm refers to injuries like broken limbs, head injuries, and spine injuries.

A victim does not need to seek medical care for their injury to meet the definition of a severe bodily injury. You cannot be convicted of your misdemeanor charges if the child did not suffer an injury. Instead, the prosecution will pursue misdemeanor charges.

Frequently Asked Questions on California Penal Code 273(a)

The following are commonly asked questions about the crime:

At what age can a child be left home alone?

No specific age at which a child can be safely left alone. Some of the factors that could help you determine the right time include:

  • How responsible is the child?
  • The child’s ability to call 911 in case of an emergency.
  • Whether or not the child knows how to react to emergencies.
  • Whether or not the child can correctly use a first-aid kit.

If your child is injured while home alone, the prosecution will consider their age when filing endangerment charges against you.

Will I be charged under PC 273(a) if my child’s injury was accidental?

The court requires evidence that you willfully placed the child at risk of harm for you to be convicted of endangerment. Therefore, you can avoid a conviction under this statute if your actions did not bring about dangerous circumstances.

Does a religious exemption apply to child endangerment charges?

Some religions require parents to pray for their sick children instead of seeking medical care. The law does not accept such conduct and cannot be used to avoid liability for child endangerment charges. This is because such conduct would not be acceptable to a reasonable person.

Crimes Related to Child Endangerment

A violation of PC 273(a) is a domestic violence offense. The following related offenses can be charged together with or instead of child endangerment in California:

Child Abuse

Inflicting cruel punishment is a crime under California PC 273(d). The court could charge you with child abuse instead of endangerment if you inflicted corporal punishment on the minor. The elements specific to child abuse include:

  • You inflicted unnecessary physical, emotional, or mental suffering on a child.
  • The child suffered a physical condition from your acts.
  • You were not disciplining the child. A parent can only discipline their child if the punishment imposed is reasonable. Using excessive force against the child can attract child abuse charges.

Child abuse is a serious crime that has devastating consequences. The prosecution can file a felony or misdemeanor charge under this statute. You cannot avoid incarceration if you are convicted of this crime. Your prior convictions for child abuse and domestic violence can impact your sentencing under PC 273(d).

Child Neglect

California PC 270 defines child neglect as failing to meet your child's basic needs. You will be arrested and charged with this offense if you do not provide your child with food, shelter, and healthcare without a reasonable justification.

The prosecuting attorney will prove these elements to secure a child neglect conviction against you:

  • You are a parent of the minor.
  • You failed to provide the necessities for the child.
  • Your actions were willful, and you did not have a lawful justification.

You could be charged with child neglect if denying your child their basic needs puts them at risk of harm. California law charges child neglect as a misdemeanor. After your conviction for this offense, the court can impose a jail sentence of up to one year.

Find a Knowledgeable Criminal Defense Attorney Near Me

Parents in California have the right to raise their children however they see fit. However, there are rules and regulations on what you cannot do as a parent while interacting with your children. Most of these rules aim to ensure a child’s safety and well-being. You can be arrested and charged with child endangerment if you put your child’s health and safety at risk.

Under California Penal Code 273(a), child endangerment can be charged against the parents and other adults entrusted with childcare. If you face a conviction under this statute, the stakes are high. The court will impose harsh punishment for the offense, including incarceration and fines.

After serving your sentence, you must deal with the collateral consequences of having a child endangerment conviction on your record. Fortunately, not all arrests under this statute will result in a guilty verdict.

With our expert legal insight at California Criminal Lawyer Group, you can fight the charges and avoid a conviction. We serve clients seeking legal guidance to battle domestic violence charges in Bakersfield, CA. Call us at 661-750-8230 today to discuss your case.