You have decided to consult with the best child endangerment lawyers in San Marcos, CA because the prosecution is accusing you of hurting a minor. The law is prosecuting you for child negligence because you were too busy arguing with the wife. The lawyers in the opposing team allege that the fight exposed the children to psychological suffering.
Committing crimes against children is an unforgivable offense among the public, judges, courts, and prosecutors. Unfortunately, a child endangerment accusation is hurting your reputation. Here is everything we do to safeguard your standing in the community.
What does Penal Code Section 273a mean?
If the prosecution is charging the accused with Penal Code section 273a, the team on the other end must prove the following accusations:
- Firstly, the accused willfully hurt the child. As a result, the victim suffered mental and physical pain.
- Secondly, the victim was in the presence of the accused when the damage was occurring.
- In addition, the accused did not act reasonably in discipling the child.
- Lastly, the defendant was negligent of the harm they were causing to the child.
The best child endangerment lawyers in San Marcos, CA, will answer the accusations of the prosecution. Consequently, the court will convict or acquit the defendant.
What is the difference between endangerment and neglect?
The best child endangerment lawyers in San Marcos, CA, know the difference between ignoring and harming the child.
- Firstly, the relationship between the victim and the accused must exist in the form of a parent-child.
- Furthermore, the accusations must meet the standard of negligence.
Child Neglect
California Penal Code 270 will prosecute the parent, the caretaker, or the guardian who is harming a child. Moreover, the law also applies to individuals who are unable to provide for the child. Furthermore, the accusations will aggravate if you cannot offer shelter, clothing, and adequate supervision to the victim,
- Firstly, general neglect means the accused is unable to provide the necessities of life.
- In contrast, severe neglect means the accused is severely endangering the child.
Child Endangerment
California Penal Code 273 has a broader scope. The law prosecutes any person who cannot take care of the child. Furthermore, the accused knowingly put the child in a dangerous situation.
Criminal Negligence
The best child endangerment lawyers in San Marcos, CA, warn their clients of criminal negligence. It is more than routine carelessness or the individual’s inability to pay attention. Furthermore, the accused’s lapse in judgment is severe. Here are the consequences:
- Initially, the outcomes are reckless.
- Secondly, the accused behaved in such a way that is beyond the acts of a reasonable person.
- Furthermore, the person on the stand was unable to care for human life.
- Lastly, a reasonable person would have behaved or hurt the child like the accused.
Is child endangerment a misdemeanor or a felony?
You will need to hire the best child endangerment lawyers in San Marcos, CA, immediately because the crime is a wobbler offense. In other words, it is up to the prosecution to decide whether to charge the accused with a misdemeanor offense or felony charges.
The decision is very important because it will influence your life. Furthermore, the nature of the offense will also determine the consequences. However, the outcomes of severe if the accused greatly harmed the victim. Unfortunately, the victim passed away or suffered from permanent disability. Therefore, the court will first establish the severity of the damages.
Misdemeaning penalties in child endangerment
- Firstly, the court will send the convicted to six months in county jail.
- You will pay a fine of at most $1000.
- The court will order an informal probation.
- In addition, you will have to attend a year in child abuse treatment program.
- The judge will issue a protective order and a stay-away order.
Felony charges in child endangerment
If the court convicts you as a felon, you will have to face the following consequences:
- Firstly, the judge will send you to two, four, or six years in California state prison.
- The convicted pays a fine of at most $10,000.
- In addition, the court ordered a formal probation.
- You will have to attend a year of a child abuser’s treatment program.
- Lastly, the judge will issue protective and stay-away orders.
What increases the punishments for child endangerment?
Services of the best child endangerment lawyers in San Marcos, CA, become necessary if the victim has died. If an individual’s behavior has severely harmed the child, their charges are enhanced with the following elements.
Bodily harm
If the accused has inflicted bodily harm on the child, three to six years are added to the jail time. The convicted will spend the additional years in a California state prison.
The child dies
Unfortunately, the child dies from the damage. Thus, the court will have a consecutive additional sentence of four years. The convicted will spend the sentence in a California state prison.
What is a three-strikes Law?
The court will apply the California Three Strikes law if the circumstances caused bodily harm to the child. As a result, when convicted of a felon, a strike is added to the criminal record. After three strikes, the judge will send you to a state prison for a lifetime.
Which defenses will the best child endangerment lawyers in San Marcos, CA, use?
The best child endangerment lawyers in San Marcos, CA, understand the penalties are very severe. Therefore, you need the best defense that will save you from an uncertain future. Here are the defenses:
- Firstly, the lawyer will argue that the allegations are false. In other words, the accused did not intend to endanger the child.
- The accused was exercising their right as a parent to discipline the child.
- The child was put into a dangerous situation without intention.
- Lastly, the accused was not the only person responsible for taking care of the child.
Let us figure out your best option!
Make sure to contact our defense team if you ever find the need for the best child endangerment lawyers in San Marcos, CA. We will fight the misdemeanor or felony allegations on your behalf. We will not let the prosecution tear away your family. No one is going to threaten to take away your kids with our lawyers representing you in court. Visit the website to schedule a free consultation.