Under California Penal Code 273a PC, child endangerment is defined as the willful exposure of a child to unjustifiable pain, suffering, or danger. This is not a trivial matter, but a serious offense with significant legal implications, underscoring the gravity of the situation and the need for immediate attention.
It's crucial to understand that the child doesn't have to be physically harmed for charges to be brought under this statute. Simply exposing a child to danger could lead to a child's endangerment, arrest, charge, and conviction.
PC 273a child endangerment cases can stem from various situations, including domestic violence incidents in the family home, neglect of a child's basic needs over a long period, and leaving drugs within reach of the child by their parent.
Any act that places a child in a potentially dangerous environment that may injure them can be sufficient for Penal Code 273a charges.
Child endangerment is a “wobbler” offense, a term used in California law to describe crimes that can be charged as either a misdemeanor or a felony. This decision is based on the specific details of the case and the defendant's criminal history.
A misdemeanor is a less serious crime, usually punishable by a fine or a short jail sentence. At the same time, a felony is a more serious crime, usually punishable by a long prison sentence. This underscores the need for professional legal representation, as the potential consequences can be severe.
However, if your conduct puts the child in a situation where they are at great risk of sustaining harm, then the case will normally be filed as a felony offense. Our Los Angeles criminal defense lawyers are providing more detailed information below.
What Must a Prosecutor Prove?
Child endangerment is defined under Penal Code 273a PC as “Any person who, under a situation likely to produce great bodily harm or death, willfully causes a child to suffer, or inflicts unjustifiable pain or mental suffering, or permits them to be placed in a situation where their health is endangered.”
A prosecutor has to prove, beyond a reasonable doubt, many different factors to obtain a conviction for child endangerment. These crucial factors, also known as the “elements of the crime,” are listed under CALCRIM 1821, which a defendant:
- Willfully inflicted, caused, or permitted unjustifiable pain or mental suffering on a child or
- While taking care of a child, the defendant caused or permitted them to be injured, or;
- Defendant willfully caused or permitted a child to be put in a situation where their health was endangered.
Further, it must be proven that a defendant was negligent when they caused the child to suffer or be endangered. In a situation where the defendant is the child's parent, the prosecutor will have to prove that the defendant was not just using reasonable discipline on their child.
Another common example of child endangerment is when a parent leaves a child unattended in a car on a hot day, risking heatstroke. Similarly, when a caregiver fails to secure a swimming pool, leading to a drowning risk, it can also be considered child endangerment. In serious child endangerment cases, the Department of Children and Family Services (DCSF) will be contacted to investigate.
Potential Penalties
The potential punishment for a child endangerment conviction will depend on the circumstances of the case, and the consequences can be severe. This underscores the weight of the potential penalties, making it crucial to understand the gravity of the situation and the need for professional legal representation.
If the PC 273a case involved the risk of great bodily harm or death, then it would be considered a “wobbler” crime that the prosecutor could file as a misdemeanor or felony offense. A conviction for a misdemeanor child endangerment case carries the following penalties:
- A maximum of six months in county jail,
- A maximum fine of $1,000;
- Informal probation.
A conviction for a felony child endangerment case carries the following penalties:
- Two, four, or six years in state prison;
- A maximum fine of $10,000;
- Formal probation;
- A ‘strike” under the California three-strikes law.
In a situation where the child sustained a serious injury, the defendant might face additional time in prison under California Penal Code 12022.7, great bodily injury (GBI) enhancement, as follows.
- If the defendant personally inflicted a great bodily injury on the child, then they could receive an additional three to six years in prison;
- If the defendant acted negligently, causing the child's death, then they could receive an additional and consecutive four years in prison.
Related California Crimes
- Penal Code 270 PC – child neglect,
- Penal Code 273d PC – child abuse,
- Penal Code 288 PC – lewd acts with a minor,
- Penal Code 192(b) – involuntary manslaughter,
- Vehicle Code 23152 – driving under the influence.
Fighting Child Endangerment Charges
A conviction for Penal Code 273a PC child endangerment can result in harsh consequences. Our California criminal defense attorneys can raise several common defenses in an attempt to obtain the best possible outcome on the case, including:
- Reasonable child discipline,
- Not a willful act,
- Lack of criminal negligence,
- False accusation.
Depending on the details of the case, it may be possible to argue that your actions were not criminal but within the boundaries of reasonable child discipline. In other words, the punishment was not excessive based on the circumstances.
As stated above, to convict you of child endangerment, the prosecutor has to prove your conduct was “willful.” We might be able to argue that the injuries to the child were an accident rather than the result of criminal negligence.
This type of defense is common in a situation where you had a brief moment from attending to your child while distracted, but there was no intent to place them in a dangerous environment.
If you are under investigation or have already been arrested and charged with PC 273a, child endangerment, it's crucial to seek legal representation. Our team of criminal defense lawyers is here to review the details of your case and provide you with the best legal options, offering you reassurance and support during this challenging time. You are not alone in this process.
Through the prefiling intervention process, it may be possible to negotiate with the prosecutor for lesser charges or even to dismiss the case. This process involves discussing the case with the prosecutor before formal charges are filed. It's an opportunity to present your side of the story and potentially avoid a trial. In other words, advanced negotiating with the filing deputy could prevent criminal charges from being filed in court.
Cron, Israels & Stark are top-ranked defense lawyers serving people throughout Southern California from our two office locations in Los Angeles County. For a free case evaluation, call our office at (424) 372-3112, or you can contact us online.
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