The first thing that impresses you after meeting our child endangerment lawyers in Poway, CA, is their understanding of the California Penal Code. The lawyers will defend the charges that the prosecution is bringing up against the client. We have the knowledge, resources, and skills to accept tough cases when a favorable outcome is less likely.
How does the law describe child endangerment?
The circumstances of child endangerment occurs when an individual places or leaves a child in a harmful situation. The law will charge you with the crime even if you are responsible for the child. In other words, the scope of the crime is very broad. Also, it covers different situations. Here are the details according to Section 273a:
- Firstly, the accused caused or let a child suffer in physical pain and mental suffering.
- The accused willfully caused injury to the child.
- Lastly, the accused left the child in a dangerous situation.
The prosecution will charge you with child endangerment even if the injuries are not physical. Therefore, the crime is unlike child abuse. Upon first meeting, the child endangerment lawyers in Poway, CA will share the definition of willfully. It means doing something on purpose that harms the child. The prosecution will charge you for child endangerment even if you did not intend to break the law. Some dangerous situations are:
- You have left the child in a place with weapons such as knives and guns. The child can easily reach for the weapons for harm.
- Secondly, the accused left the child under the supervision of a person who has a history of abusing children.
- Lastly, the individual failed to provide sufficient medical treatment for the injury or sickness.
Child endangerment is a harsh crime in Santee, CA. You may face life-changing consequences. The outcomes may compromise your profession. Also, it effects your family as well. At our firm, we hire competent and highly qualified child endangerment lawyers in Poway, CA. They will answer any questions you may have.
What must the prosecution prove for conviction in child endangerment?
The prosecution will insist on felony or misdemeanor charges because child endangerment is a wobbler crime. However, it is still their job to prove guilt beyond reasonable doubt. Otherwise, the court will not convict the confused. The prosecution team will need to prove the following elements so the jury finds you guilty.
- Firstly, the victim suffered from pain and mental suffering.
- Secondly, the accused allowed the child to suffer physically and mentally without providing medical help.
- The accused injured the child in the case.
- The accused placed the child in dangerous situations. As a result, the victim suffered from physical and mental injuries.
- The accused willfully acted on circumstances that led to the death or bodily injury of the victim.
- Lastly, the accused was criminally negligent. The term means
- The accused behaved recklessly. Consequently, the probability of injuries, disability, and death increased.
- The person knew that their behavior would likely translate to harming the victim.
- The ways to discipline a child were not reasonable.
How do child endangerment lawyers in Poway, CA, fight the prosecution?
Our child endangerment lawyers in Poway, CA, have more than a few decades of experience representing numerous clients. The legal experts are highly skilled in coming up with powerful defense strategies for favorable outcomes. Initially, the lawyers will examine the specifics of the case to identify the best defense. Here are some of the arguments they might use.
Reasonable Acts
The state of California allows parents to discipline their children using reasonable punishments. However, the jury will decide if the punishment was valid or not. Moreover, they will examine the circumstances. The court may convict the accused of hitting the child with a belt. On the other hand, spanking with a bare hand may be reasonable.
The Actions were not willful.
Your lawyer will argue that the client did not endanger the child on purpose. If the babysitter leaves the child unattended while you are away, it does not implicate you. The lawyer will prove your due diligence if the circumstances lead to a dangerous situation.
Absence of Criminal Negligence
The prosecution will need to prove negligence for a conviction. Our child endangerment lawyers will argue that the carelessness was not intentional. The inability to pay attention or lapse in judgment was an ordinary human being practicing judgment.
Illegal arrest
If someone has wrongly accused you of hurting the child, our child endangerment lawyers in Poway, CA, will argue for your defense. Most child endangerment cases surface from violent custody battles. Moreover, a child can falsely accuse the guardian, parent, or caretaker. It usually happens from extreme stress or when the child cannot process emotions. Lastly, doctors, social workers, teachers, and daycare staff may conclude child endangerment without investigation.
The consequences of child endangerment
If the court convicts you of child endangerment misdemeanor charges, the judge will read out the following penalties.
- Firstly, the convicted will spend at most a year in county jail.
- In addition, you must pay a fine of at most $1000.
On the other hand, felony punishments are harsh. If the prosecution is successful in proving the act as a felony:
- The court will send you to spend two, four, or six years in a state prison.
- Also, you must pay maximum fine of $10,000
Hire the best child endangerment lawyers in Poway, CA, today
You will need the assistance of our child endangerment lawyers in Poway, CA, to convince the prosecution to drop the charges. As a result, the case does not go to trial, and you save valuable time. Our lawyers will argue probable cause if the warrant, search, or seizure is illegal. In addition, the legal team will question the authenticity of the evidence. Lastly, your lawyer will negotiate with the District Attorney to reduce or remove the charges.
Our legal team believes their clients must have sufficient knowledge of all aspects so they can make an informed decision. The prosecution may charge you with misdemeanor or felony charges. Therefore, work with your lawyer immediately. We will convince the prosecution team to minimize the charges. Even if the case goes out of court, our lawyers have the best strategies lined up to acquit you. Meet with the lawyers today. Schedule via phone or email.