Child Endangerment in California - Penal Code 273a
Suppose you are facing criminal charges of child endangerment. In that case, there can be very serious consequences, including losing custody of your children, facing time behind bars, fines, and mandated treatment programs.
Parents who are arrested and charged with DUI and have a child or children in the vehicle will be facing an added charge of child endangerment. Parents who are accused of being drunk or under the influence of drugs at home with children can also be charged with this offense.
If you have entrusted your children to the care of another who is unfit to care for them, you also could be charged with this child endangerment. A child left alone at home, or another location that is too young to care for themselves can result in criminal charges being filed against you. This is a domestic violence offense and can have severe consequences if you are convicted.
When facing such a perilous legal situation, the first step is to empower yourself by seeking the representation of a highly qualified, experienced Los Angeles criminal attorney. Even if you have not yet been convicted, your children may have been removed from your care by Child Protective Services.
It can be difficult to have your family reunited once the government gets involved and considers that the child or children are in danger or that their safety or well-being is compromised due to your actions.
Penalties for Child Endangerment Charges in California
State lawmakers are focused on protecting children from harm. The penalties imposed for a conviction can be very severe. A first-time misdemeanor charge can lead to up to one year in jail, and in a felony case of child endangerment, the penalties could mean 2 – 6 years in state prison, incarcerated with our state's worst offenders.
Once the sentence is served, there is usually a long period of probation, during which you may be restricted in your contact with your children or be required to have only supervised visits.
You are likely to be required to complete a state-approved child abuse counseling program. If the charge was related to a DUI or alcohol or drug-related abuse, you probably will be required to abstain from any drug or alcohol consumption. You will be subject to random drug or alcohol testing from the authorities.
When a person in authority believes that you have put your child at risk of harm through your actions, the criminal justice system, as well as other state authorities, will get involved.
Your children may have been removed from your care by Child Protective Services. The system involves several branches of the state government, including emergency responders, the judicial system, foster care, and treatment centers. This is one part of our legal system that you want to avoid being involved in.
While the goal is to protect children, it's important to acknowledge that in some cases, innocent parents are caught in the system, and their children are removed from their care. To regain custody of your children, a jurisdictional hearing is often required.
The process is initiated by the report of child endangerment from any source. The child is initially removed from the home, and a Section 300 petition is then filed for dependency. There is an initial detention hearing, which must take place the same day or the next day in court.
Despite the challenges, there is hope for family reunification. The hearing must take place within 15 days of the order to detain the child. After 6 months, there will be a review to determine whether family reunification is possible. You have the right to defend against allegations of abuse, neglect, or child endangerment. With the most qualified, experienced defender on your side, you can work towards reuniting with your children.
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