Orange County Child Abuse Lawyers

In US law, endangerment may include crimes involving wrongful or reckless or wanton conduct that is likely to end up in death or harm to another person. The reason “endangerment” is part of criminal law is that society wishes to deter or prevent any conduct that creates a substantial risk of death or serious injury to innocent bystanders. As the law has developed over time, several types of endangerment has been incorporated into California criminal law.

Reckless endangerment is defined as a person who commits the crime of reckless endangerment by recklessly engaging in conduct which creates a substantial risk of serious physical injury to another person. “Reckless” conduct is conduct that exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved. The accused need not intentionally cause a resulting harm. The ultimate question is whether, under all the circumstances, the accused’s conduct was of that heedless nature that made it actually or imminently dangerous to the rights or safety of others.

Child endangerment carries the concept of “endangerment” further as an act that places a child in a potentially harmful situation either through negligence or misconduct.

Child endangerment can occur in many forms. It can occur when a defendant is driving under the influence of alcohol or drugs and has children in the car with them. It can occur while driving with children in the car at a high rate of speed, or recklessly. It can be any situation where the child or children are in a situation where the circumstances are likely to produce great bodily harm.
Defined by California Penal Code Section 273(a)(b), the conditions for charge can be:

1. Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.
2. Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor.

Successful prosecution can result in imprisonment in the state prison for two, four, or six years, or in a county jail for not more than one year, by a fine of up to $6,000 or by both imprisonment and fine. If you are charged with any forms of any child endangerment, contact the Law Offices of Stull & Stull so we may make an appointment and discuss your case. There are many defenses to this accusation, and child endangerment can be filed as a misdemeanor or a felony. The sooner we can review your case, we can plan a strategy to defend your case. Remember the consultation is free.