California has several laws aimed at protecting the welfare of children. Three of these laws concern the most common ways in which children are put in danger. California’s laws regarding child abuse, neglect, and endangerment come with heavy penalties for offenders. However, not all of those accused are actually guilty of committing these crimes.
At the Simmrin Law Group, we know how to defend our clients against these charges. One of the biggest dangers with a conviction for these offenses is the potential loss of child custody. If you are facing one or more of these charges, it is critical that you hire an experienced criminal defense lawyer. Give us a call or fill out our online contact form to schedule a free consultation.
Three California Laws that Punish Child Abuse, Neglect, and Endangerment
There are many laws that protect children from harm in California. Often, a defendant will be charged with multiple offenses when a child has suffered due to their behavior. In the vast majority of cases, one of the charges that the defendant faces will be for child abuse, child neglect, or child endangerment.
California Penal Code (PC) §273(d): Child Abuse
Under California law, parents are allowed to discipline their children with physical force. However, there are limits to what is and is not legally allowed in this regard. To be convicted of child abuse under PC §273(d), the following must be true:
- The victim of the alleged abuse must be under the age of 18. If the child is 18 or over, a parent could still face assault and battery charges, but they would not be guilty of child abuse.
- The abuse must have been inflicted willfully. The intent is very important in these cases; accidentally hitting your child with a door as you open it does not constitute abuse.
- The action must result in a traumatic physical condition. Causing any form of lasting damage to your child, whether mild or severe, is enough to bring a charge.
PC §270: Child Neglect
Child neglect occurs when a parent willfully fails to provide their child with the necessities. Necessities include:
- Food and water
- Clothing
- Shelter
- Medical care
A parent who is unable to provide their child with shelter because they have fallen on hard times is not guilty of neglect because they are not willfully depriving their child. However, they may still lose custody of the child, so that the child can hopefully get the care they need.
PC §273(a): Child Endangerment
Both child abuse and child neglect can be considered child endangerment as well. Child endangerment is anytime someone inflicts physical pain or mental suffering on a child or otherwise allows a child to suffer these harms.
To convict someone of child endangerment, the child’s suffering must be determined to be unjustifiable. That means that what is considered the reasonable discipline of a child does not apply.
An individual can be charged under PC §273(a) if they:
- Intentionally caused harm to the child
- Behaved in a criminally negligent manner that put the child in harm’s way
- Allowed the child to be in a dangerous situation through neglect
Criminal negligence is acting in a reckless manner, doing things a reasonable person would not do. The accused must also have acted with indifference for the possible consequences for themselves and others.
Other Laws that Protect Children in California
While most cases will involve at least one of these three charges, there are many other more specific charges that a defendant can face under California law. A few of these other offenses are:
- PC §207: Kidnapping
- PC §273(g): Lewdness or drunkenness in the presence of a child
- PC §278: Child abduction
- PC §311: Child pornography
- PC §647.6: Annoying or molesting a child
The safety of children is prioritized in the California penal system. Many more laws beyond this protect the welfare of children in California.
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Penalties for Violations of These Laws
A violation of any of these laws can result in lengthy incarceration and hefty fines. Here is a closer look at the specific penalties for each of these offenses.
Child Abuse
Under PC §273(d), child abuse can be prosecuted as either a misdemeanor or a felony. If facing misdemeanor charges, it could mean:
- Up to one year in jail
- Up to $6,000 in fines
- Summary probation
The potential consequences for a felony charge get substantially more severe. If convicted of a felony, you could face:
- Up to six years in prison
- Up to $6,000 in fines
- Formal probation
Child Neglect
Under PC §270, child neglect is always processed as a misdemeanor. Child neglect is not viewed quite as harshly as child abuse under California law. The potential penalties are:
- Up to one year in jail
- Up to $2,000 in fines
- Summary probation
Child Endangerment
Under PC §273(a), child endangerment can be charged as a misdemeanor or a felony. How it is prosecuted depends on whether the risk to the child could have resulted in death or serious bodily harm. When this is not the case, it will be handled as a misdemeanor. A misdemeanor can result in:
- Up to one year in jail
- Up to $1,000 in fines
- Summary probation
When processed as a felony, the potential punishments can include:
- Up to six years in prison
- Up to $10,000 in fines
- Formal probation
For all of these crimes, time behind bars and fines can increase if you have prior convictions. Consequences can also increase if you have been charged with additional offenses or face multiple counts under the same charge.
How to Defend Yourself Against a Child Abuse Charge in California
Obviously, the best defense will depend on the exact charges you face and the specifics of your situation. However, some of the most common arguments used in these types of cases include:
- False accusation
- Acted within legal rights
- Accidents
You Were Falsely Accused
Unfortunately, people are often accused of crimes they did not commit. There are a variety of reasons that this occurs.
Often, these types of false accusations will occur during custody proceedings. One parent will accuse the other in hopes that it will help them in their fight. Sometimes it is simply a case of mistaken identity, with the accuser confusing the defendant with another person. Other times, the identification may be correct, but the accuser may have mistaken what they witnessed.
You Acted within Your Legal Rights
In California, parents have the right to discipline their children as they see fit, within reason. What may be a simple punishment could be misinterpreted as abuse or neglect by a third party.
It Was Truly an Accident
Children come to harm all the time. It is part of growing up. When that harm is truly an accident and does not result from putting a child in a position where they are unreasonably subjected to danger, you are not guilty of a crime. Intent and willful negligence are critical aspects of these crimes.
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Hiring a Criminal Defense Lawyer in California
When facing a charge under any of these penal codes, it is critical that you have experienced legal professionals by your side. This is especially true in cases where your custody rights are in jeopardy. At the Simmrin Law Group, our criminal defense lawyers have handled plenty of these types of cases and know what it takes to get results.
Give us a call or fill out our online contact form to schedule your free, no-obligation case evaluation today. A member of our legal team will review your case, answer your questions, and advise you of your options.
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