Child Abuse or Child Endangerment Charges

If you have been charged with a crime related to children, you probably already know that you are looking at some serious scrutiny and condemnation. That is why having a hard-hitting and proficient attorney fighting for your rights is essential. 

Understand the Charges

The charges of child abuse and child endangerment are very different. Child abuse refers to intentionally inflicting physical, sexual, and/or mental abuse on a child. On the other hand, child endangerment is a matter of exposing a child to potential harm, even if no harm was intended. Endangerment charges may be filed even if actual physical harm to a child did not occur. Rather, it is a matter of potential danger.

Examples of Abuse

Child abuse may occur in many ways. Criminal charges could be filed for any of the following:

1. Causing physical harm to a child by hitting, kicking, or otherwise inflicting pain;
2. Intentionally withholding food or care, restraining, or caging a child;
3. Withholding essential medical care;
4. Demeaning, bullying, harassing, or otherwise inflicting emotional trauma on a child;
5. Neglecting the basic needs of a child.

Examples of Endangerment

Like child neglect, child endangerment is a matter of risk of harm to a child related to being put in harm’s way. It occurs under various circumstances, some of which include:

1. Driving while inebriated or under the influence of drugs when a child is in the vehicle;
2. Leaving a child in a hot car while doing errands;
3. Keeping a loaded firearm within reach of a child;
4. Leaving a toddler in the bathtub unattended;
5. Sanctioning the use of drugs or alcohol for minor children;
6. Leaving young children unattended for long periods of time;
7. Failing to seek medical treatment for a sick or injured child.

Whether you are the parent or not in these situations, you could be arrested for child endangerment if you were responsible for situations like these.

Penalties

The penalties for these crimes are significant and vary depending on the circumstances and previous offenses. At a minimum, a conviction could land an offender behind bars for up to one year, and at a maximum, for six years. Enhancements and related charges could add several more years to a sentence. Issues considered in sentencing include:

1. The age of the child;
2. Whether a traumatic injury occurred;
3. Whether there have been previous convictions of a similar nature.

Potential Defenses

Defending these charges in California can be a challenge because they are so emotionally charged. The public and the courts alike take child safety very seriously. Possible defense strategies may include:

1. The crime did not happen;
2. The crime did occur, but someone else was responsible;
3. Something happened, but not what has been charged.

Protecting Your Rights

The experienced criminal defense attorneys at Boertje & Associates always fight to achieve the best possible outcomes for our clients. To discuss, schedule a confidential consultation in our San Diego office today.