Child endangerment and child abuse convictions have long-term personal ramifications for both the minors and the offender. Knowing what each term implies and how the court system processes such issues is the best approach to defending against claims of child abuse or endangerment. This blog focuses on how child endangerment differs from child abuse.
Understanding Child Endangerment and Child Abuse
The easiest way to distinguish between child endangerment and abuse is to understand what each term means as well as what the legislation says about it.
Child endangerment, under the provisions of California PC 273a, is concerned with a child's safety. An adult responsible for a minor is legally bound to ensure that the child is not subjected to potentially hazardous situations. If the adult fails to adequately protect his or her child, the prosecutor would seek charges for child endangerment. Endangering a child does not require physical harm and prohibits a far broader range of activities. Below are some examples of when someone could be convicted of child endangerment:
- If you knowingly inflict unreasonable physical or mental anguish on a minor
- If you deliberately inflict or allow a kid to endure unjustified physical and/or mental distress
- If you obtain or cause an injury to a minor in your care or custody
- If you put a minor in your care in a risky situation or are criminally negligent
Here are a few clarifications for some of the terminology used in this code section:
- A child or minor is defined as anyone under the age of 18
- The statement "likely to create serious bodily injury or death" denotes a high likelihood of such harm or death
- Great physical harm implies significant physical injury to the minor's body.
- It's a more serious injury than moderate or minor harm. A child, on the other hand, doesn't have to be physically harmed
- However, if a kid suffers serious bodily harm, a judge or jury would take that into account, together with the other facts, in determining whether the offender committed the crime
- Mental or physical discomfort that's unjustifiable is suffering or pain that's not appropriate, necessary, or excessive based on the context
Endangering a child becomes a felony crime in circumstances when there is serious physical harm and counts as a strike under California's three-strike law sentencing system. It's not even necessary for you to be the one who inflicted the harm. Whether you acted willfully or illegally, these are factors you should consult with your defense attorney to ascertain if your actions were illegal.
Child abuse, on the other hand, is addressed in California's PC 273d (a.) The concept is comprehensive and could encompass any act of cruelty to a child, including mental abuse, neglect, physical abuse, sexual assault, and exploitation. The most common types of physical abuse are assault and battery. Child abuse laws require some individuals with access to minors, such as teachers and doctors, to notify the authorities of any signs of abuse.
Any form of abuse, particularly physical harm, to a minor is prohibited under California's child abuse laws. You could be asking if spanking is considered physical abuse. To respond to this query, it is acceptable for parents to spank their children on occasion, as long as it's done for disciplinary purposes. Parents or guardians have the legal authority to spank their children as a form of discipline. A parent, family member, step-parent, or caregiver, on the other hand, should not harm the child. Child abuse allegations could be brought for any type of injury. To build a child abuse case, the prosecution should prove that:
- The accused purposefully subjected a minor to inhumane physical punishment and/or injuries
- When the offender acted, she or he was not disciplining the child in a reasonable manner
- The accused's punishment and/or harm resulted in a traumatic bodily condition
Be Wary of False Allegations
Child endangerment and abuse are most common during divorces and breakups. Unfortunately, ex-spouses and partners may falsely accuse you of child abuse or endangerment to prevent you from receiving custody or visitation rights. Angry teenagers and minors are often complicit in these kinds of instances and are trained to make up false claims.
Here's an example of what could happen: You took your children swimming and captured a nice photo of them in their swimsuits beside the pool. When you took the images, you had no malicious intent. Such photographs could be used by a spiteful partner to charge you with child pornography or molestation. Alternative charges include child endangerment and abuse. In such a circumstance, experienced child endangerment and child abuse attorney can assist you.
Child Endangerment VS Child Abuse Penalties
Child endangerment and child abuse are treated as wobbler offenses. This implies that, depending on the gravity of the accusations, the prosecutor could choose to seek a misdemeanor or felony conviction. The distinction between a misdemeanor and a felony charge is sometimes determined by whether the child was placed in a risky situation or was subjected to danger. Some of the penalties for these offenses are as follows:
Child Endangerment Penalties
The penalty for endangering a child is determined by whether the danger involved death or "physical harm damage" to the minor. If neither is possible, the crime is classified as a California misdemeanor offense. A misdemeanor child endangerment could result in the following penalties:
- Paying hefty cash fines of no more than $1,000, and/or
- Serving time in county prison for no more than one year
Child endangerment is regarded as a "wobbler" crime if there's a risk of serious physical harm or death. Depending on the prosecution's discretion, a "wobbler" can be tried as either a felony or a misdemeanor. If the offense were tried as a felony crime, the following penalties would be imposed:
- Hefty cash fines of no more than $10,000 and/or
- Two, 4, or six years in state prison
In some cases, a defendant could be sentenced to probation by the courts. Based on the allegations, it would be either:
- Felony probation also referred to as "formal" probation, or
- Misdemeanor probation often referred to as "informal" or "summary" probation
If a person is convicted of serving a probation term, he or she would serve little or no time in jail. However, if you are convicted of child endangerment, the court will sentence you to probation. These could include obligatory counseling, restraining or protective orders, and, if necessary, complying with random drug tests.
Child Abuse Penalties
Child abuse, also termed corporal injury to a minor, is referred to as a "wobbler" offense in California. This implies that the prosecution could treat it as either a misdemeanor conviction or a felony depending on the following factors:
- The alleged offense's facts
- The accused's criminal background if any
If convicted of a misdemeanor, child abuse could result in the following penalties:
- A cash fine of no more than $6,000 or
- Serving time in county prison for no more than one year
- Or both
On the other hand, if it's a felony conviction, this section could result in the following consequences:
- Serving two, four, or 6 years in prison, in addition to an extra four years if the offender has already been convicted of a felony for child abuse within the previous ten years, and/or
- A cash fine of no more than $6,000 is imposed
In cases of child abuse, a judge would sentence a person to probation rather than jail time. Such a conviction could be for summary or formal probation, depending on the circumstances. Any probationary punishment for child abuse is required by law to contain the following requirements (unless the court considers it not to be in the best interests of justice):
- A three-year mandatory probation term
- A protection/restraining order prohibiting the offender from future threats or violence against the victims (and maybe prohibiting the accused from making contact with the victims,) and
- Completion of a therapy program for child abusers that lasts at least 1 year
If the crime was perpetrated while the offender was intoxicated by either alcohol or drugs, the court would require random drug tests. A court could take away the offender's parental rights if he or she is found guilty of child abuse or endangering a child. In this instance, either the other parent receives full parental rights, or the judge appoints a guardian for the child if you're the only parent. Until a suitable guardian can be found, a child could be kept in a state-run child services institution.
Defenses for Child Endangerment and Child Abuse
Many basic legal defenses can be applied in a child endangerment proceeding. These include failing to abide by search and seizure regulations, as well as any form of police misconduct. However, some defenses apply to both child endangerment and child abuse prosecutions. These include using one or all of the following defense strategies to ensure a favorable outcome for your case:
The Action Was Not Malicious or Criminally Negligent in Any Way
To obtain a conviction for child endangerment, the prosecution needs to show that the offender acted knowingly and/or negligently. This must be proven beyond any reasonable doubt by the prosecution. A skilled California criminal lawyer could demonstrate substantial reasonable doubt for a "not guilty" ruling in a variety of ways.
The Accused Was Punishing His or Her Child Legally
A parent has the legal right to use "corporal punishment" to discipline his or her child. In this case, the term "corporal punishment" implies physical disciplinary action or any kind of punishment that is inflicted on a minor's body. Common examples include:
- Using a paddle or belt to discipline a minor
- Spanking
- Confining a minor to her or his room
- Sending your kid to bed without dinner
They could even use objects like paddles or belts if they meet the following requirements:
- The punishment is reasonable, and
- The spanking inflicts no physical harm
Unfortunately, spankings can sometimes lead to child abuse accusations. Perhaps an obligated reporter, like a doctor, spotted a child's redness and jumped to conclusions. Alternatively, an enraged partner would have taken the spanking as a reason to file a false accusation. Whatever the cause, the offender should be declared "not guilty" provided the jury finds the sentence to be fair under the facts.
The Defendant is a Victim of False Accusations
Most cases of child endangerment begin with false allegations. As a result of a manipulative parent's influence, a child can make up a false claim. Perhaps the kid is enraged and wishes to "punish" his or her parent or guardian. This is common after a divorce or when one of the parents takes on a new spouse.
Alternatively, a child's caregiver could file a false claim to conceal her or his wrongdoing. Whatever the reason, the outcome is always the same. Officers wouldn't wish to be held liable for ignoring the possibility of a minor being harmed. As a result, they will detain the accused individual.
The Harm Was Caused By An Object or Anything Other Than Abuse
A child could be hurt by anything that is not immediately apparent to his or her parent or caregiver. Perhaps the wounds were caused by bullies in school, and the minor is too afraid to say anything. Alternatively, the child could have been involved in a brawl or accident at school. A well-intentioned person could file a complaint with the authorities as a result of this.
In some instances, a report like this could be necessary. Many professions, for example, are compelled to report any suspected cases of abuse under the provisions of the "Child Abuse and Neglect Reporting Act." Examples of mandated reporters include, but are not limited to, teachers, doctors, social workers, nurses, school administrators, and the clergy. A mandated reporter who fails to file an obligatory report is charged with a misdemeanor. They could even be sentenced to jail time.
Due to this, the professionals are under a lot of pressure to disclose any suspicions or signs of child abuse. A skilled criminal defense attorney would have a forensic medical examiner and/or a physician independently assess the purported injury. Such an examination would reveal that the accused is being wrongfully charged based on false evidence.
An Accident Caused the Injury
An offender should have acted "intentionally" to be charged under PC 273d. This implies that the defense strategy for an accident relates to the child abuse legislation. Accidental injuries should not, therefore, lead to a conviction. An exemption could be made if a defendant acted carelessly or was overly aggressive. Accidents can occur in the following instances:
- Slamming a vehicle's door while not aware that a child's hand is on the door frame
- Practicing a softball swing while unaware that a minor is within the practice radius
- While assisting a child in her or his karate practice, you accidentally smack her or him too hard
- Swinging a child by his or her arms to cheer him or her up and accidentally yanking the child's hand out of the socket
However, being overly aggressive during normal play would lead to a valid child abuse charge.
Frequently Asked Questions About Child Endangerment and Child Abuse
Below are some of the common questions related to child endangerment and abuse.
What Effects Do Abusive Surroundings Have on a Minor?
A child who has suffered abuse or is in a dangerous position is consequently more likely to face a variety of negative health, developmental, and mental wellness outcomes, such as learning difficulties like problems with attention deficit and deficiencies in executive functions, peer problems, internalizing signs, externalizing signs, and adolescent depression. As senior adults, these children are at a higher risk of developing psychological problems, abusing controlled substances, developing serious medical conditions, and experiencing poor economic productivity.
Who Qualifies as a Mandated Reporter?
Any individual who realizes or has a reasonable cause of suspicion that a minor has been mistreated, abandoned, or abused is required to report it. Many states include school teachers and other school administrators or officials in the catalog of mandated reporters.
What Information Will I Require to Finish the Report?
While the information obligated to report child endangerment or abuse varies by state, the reporters are often asked to disclose who participated in the occurrence, where it happened, and the context surrounding the incident. It is critical to provide accurate responses from the child.
Find a Criminal Defense Attorney Near Me
False accusations of child endangerment and/or child abuse can be detrimental to a lot of people. It's critical to stand firm and fight against such allegations. If you have been accused of child abuse or child endangerment, you should consult a criminal attorney as soon as possible.
Our legal professionals at Los Angeles Criminal Lawyer have handled numerous misdemeanor and felony cases, including child endangerment and abuse cases. Call our attorneys at 310-502-1314 today for a free consultation about your case. Our lawyers are highly competent, board-certified criminal defense professionals. We can manage your case with absolute discretion.
