\u00a9 2023 wikiHow, Inc. All rights reserved. Our goal is to be an objective, third-party resource for everything legal and insurance related. a general contractor shortcuts safety rules in order to speed up construction), or medical abuse (i.e. There is no chance of being put in jail in this type of court. The different mental states used in a felony child abuse charge are:negligence, recklessness, knowingly, or intentionally. In a case where youre charged with child endangerment for disciplining your child, your lawyer can argue that your reason for doing so was warranted and justifiable. If the person does not want to care for the child, he or she can avoid criminal charges by taking him or her to a hospital or emergency room. Confirmation bias. WebAbuse of a child shall consist in any of the following acts: (a) disposing of the custody of a child contrary to law; (b) employing or permitting a child to be employed in any vocation or employment injurious to its health or dangerous to its life or limb, or contrary to the laws of this State; (c) employing or permitting a child to be employed in any occupation, Child endangerment laws refer to people who deliberately put children in situations that would more than likely put them in danger. driving while texting, speeding and disobeying other traffic laws), disregarding safety rules and protocols (i.e. depending on the specific facts of the case and your state. Instead, they will work to provide the evidence needed to compel the prosecutor to drop the charges. This tactic requires the use of an expert mental health expert. Board of Bar Overseers Number #552110. Thank you. The level of a felony child abuse charge will increase as the mental state increases. A child endangerment charge is a very serious matter. ignoring policies that result in elder abuse at a nursing home). So, you become aware, depending on your specific charges and situation, just how serious this can be. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases. Others have been charged for failing to obtain proper medical treatment for their child, even when the denial of treatment is based on religious beliefs. If a defendants rights are not terminated, then they can be limited or supervised. the governments case and the allegations against you. Child endangerment is a serious offense Common Misconceptions Regarding Child Endangerment. Possible imprisonment term of 2, 4, or 6 years in state prison. CACI & Employment at a Daycare or Preschool, The Law Behind CA CACI Grievance Hearings. Do I Need A Lawyer For Help Defending Against Reckless Endangerment Charges? Someone else was responsible for the endangerment of the child. Even if you are completely innocent, if you have been accused of child abuse, do not speak to the police without first speaking with an attorney. After law school, she practiced as an attorney and focused on environmental policy. Mental state refers to a persons intentions or thought processes which lead to the eventual injury of a child. How to Beat a False Allegation of Child Abuse. Compare Quotes From Top Companies and Save, 10 Tips for Filing a Catastrophic Injury Lawsuit, Military Car Insurance Discounts and Tips, Auto Insurance for Active Duty Military and Vets. Consequences of a Felony Child Abuse Conviction. Teachers are finding out that they are convenient targets of false allegations. Retrieved from. Its best to be cooperative with the authorities to show that you have nothing to hide, so allow them access to your home and answer questions honestly. One difficulty that arises is what to do when the accuser is the accuseds own child, a son or daughter. Therefore, it is important to understand these child endangerment laws as they can be a bit vague. Jeffrey Johnson is a legal writer with a focus on personal injury. Geoffrey Nathan is a licensed attorney in the Commonwealth of Massachusetts since 1988, admitted to practice in both Federal and State courts. The accuser has been coached to raise the allegation. For example, spanking your child may be considered reasonable discipline in certain situations. 4. What to Do to Have a Strong Criminal Defense Case, Assistance of Counsel in a Criminal Appeal, Preventing Vagrancy Crimes on Private Property. Child endangerment is a type of child abuse. The main focus is the reasonableness of the discipline. I understand this looks awfully similar to #3 above, but I suppose with #3 above we dont necessarily know whether the evidence or statements the investigator failed to obtain would have been helpful or hurtful to your case. Retrieved from, Child Abuse Overview. Also look for motive to lie or motive to not do due diligence. Unless there is a presumption that can be applied, law enforcement needs to find evidence that a child was in imminent danger for a child endangerment charge to be made. a general contractor shortcuts safety rules in order to speed up construction), or medical abuse (i.e. If you have been falsely accused of child abuse, you can work your way through the investigation, the court system, and come out the other side as a survivor. Witness testimony, posts on social media, emails, text messages, and all manner of other types of evidence should be gathered. The first question to ask is if you are under arrest. We update our site regularly, and all content is reviewed by experts. Were your actions reckless or merely negligent? Californias laws consider the following actions, and more, to constitute endangerment: The California law defines willful endangerment as knowingly exposing the child to danger, or to situations or persons likely to cause them to be in harms way. 4 Punishment Injury Due to Something Other Than Child Abuse After all, it is legal to hit a child in all fifty U.S. states and the District of Columbia. The Miranda Rights Law Firm understands the vagaries and sometimes misunderstood the nature of these charges. Foster care and adoption situations can lead to unfounded allegations of abuse. Criminal Activity and Social Networking Websites, Defenses to Public Intoxication or Public Drunkenness. Another important component of a child endangerment charge is an act of omission. Follow court orders to the letter. Get copies of all reports. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. If you or a loved one is facing charges of child endangerment, you need to contact a skilled criminal defense attorney immediately. State laws will differ in the precise definition of what constitutesreckless endangerment. Inconsistencies and contradictions made by the author of a report, such as the investigating social worker or a police officer. This web site is not intended to solicit clients for matters outside of the state of California. Is their logic sound? On the other hand, shooting your gun off in your backyard can lead to a reckless endangerment charge. California judges can, and often do however, add enhancement to your sentence for felony charges if the child suffered serious harm. The punishmentfor a felony child abuse case ranges from two years to twenty years for minor, non-life threatening injuries. If the answer is "no" then you should strongly consider declining to speak with the police until you can talk with a lawyer. If your actions were not committed on purpose, you may have a valid legal defense to child endangerment charges. ignoring policies that result in elder abuse at a nursing home). However, two out of three child abuse allegations are closed by the state with little or no action. The contents of this website may contain legal advertising. The strategy you use will depend on the facts of your specific case. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. The firstoption is towork out a program that results in a dismissal of charges. This usually is in thecontext of an assault where a defendent either intentionally or recklessly cause some contact witha child that results in an injury. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. 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