Los Angeles Child Abuse and Endangerment Attorney

Los Angeles Child Abuse and Child Endangerment Lawyer

Crimes involving harm or risk of harm to children are taken very seriously under California Law.  Domestic violence laws have been largely redefined, and prosecution and enforcement has grown significantly.  Young children in the care of adults are seen as particularly vulnerable and the law aims to protect children through various processes, including criminal law.  note:  child abuse and child endangerment cases in criminal court may have parallel proceedings in family court (dependency).

LOS ANGELES CHILD ENDANGERMENT LAWYER (PC 273a)
California's child endangerment laws cover a broad range of conduct.  While child endangerment may not rise to the level of child abuse, it is a very serious charge, punishable by up to six years as a felony.  Child endangerment, where there is a substantial risk of injury to the child, is a "wobbler" meaning that it may be filed as a misdemeanor or felony, at the discretion of the prosecutor.  If there is no risk of great bodily injury, then the child endangerment will be a misdemeanor.  The prosecuting agency will decide whether to file a misdemeanor or felony based on (1) the severity of the offense, (2) the criminal history of the defendant and (3) the strength of the evidence.  Felony child endangerment is a "strike" under California's Three Strikes law.  Unlike child abuse, child endangerment does not require any injury to the child.  Negligent supervision that is likely to lead to harm to the child is enough.  A child endangerment charge may be filed when a defendant causes or permits a child to suffer unjustifiable physical pain or mental suffering, willfully causes or permits a child in their care to be injured, or willfully causes or permits a child to be placed in a dangerous situation.  Defenses include: false accusations, there was no endangerment, someone else was responsible for the endangerment, right to discipline a child, and lack of evidence.  (more common defenses to crimes)

Some examples of child endangerment charges include:
1.  DUI with a child in the car
2.  Leaving dangerous weapons in the reach of children
3.  Not taking a very sick child to the doctor
4.  Leaving a child with a babysitter, who the parent knows is unfit to care for the child
5.  Leaving a child within reach of dangerous drugs

Child endangerment laws are very serious, both in terms of the possible penalties a court could impose (jail time, probation, fines, prison, etc.), but there is also a possibility that your child could be removed from your care.  These are very serious charges.  Talk to an experienced Los Angeles Domestic Violence lawyer about your case today.

LOS ANGELES CHILD ABUSE ATTORNEY (273d)
Child abuse, as opposed to endangerment, punishes injuring a child or imposing cruel physical punishment on a child.  Child endangerment can cover a broader range of conduct, but PC 273d, child abuse, covers only physical harm to a child.  Child abuse is a "wobbler" in California, meaning that it may be punished as a misdemeanor or a felony.  The prosecuting agency can file the charge either way, depending primarily on (1) the severity of the alleged abuse, (2) the defendant's criminal history (especially relating to violence, domestic violence and harm to children,, and (3) the strength of evidence.  Defenses include:  false accusations, parent's right to discipline a child, there was no injury, the punishment was not cruel and more.

Some examples of child abuse charges include:
1.  Hitting a child with a belt
2.  Getting into a fight with a teenager
3.  Punching or kicking a child

Child abuse laws are treated very seriously and can lead to serious penalties including jail, prison, fines, probation, and loss of parental rights/custody.  If you or a loved one is facing child abuse charges, discuss your rights and options with an experienced Los Angeles Domestic Violence attorney.

CHILD ENDANGERMENT WITH DEATH OF A CHILD
Harm is a major factor in determining the law.  With some exceptions, crimes with the biggest effects on victims are punished more harshly, and there is not greater effect on a victim than death.  In cases where child endangerment or child abuse leads to a child's death, it is always a felony and the defendant can be charged with a violation of PC 273ab, or PC 187 murder, pursuant to California's felony murder rule.  These offenses are punishable by 25 years to life.

Domestic violence charges are serious and the consequences are scary.  Protect your rights and your family by getting the best defense you can.  Call the Law Offices of Nicholas Loncar for a Free Consultation to discuss your case with a Los Angeles Criminal Defense Attorney.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:

LA Inmate Locator 
LA Superior Court  
Los Angeles Police Department
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule