Child Endangerment, Neglect and Abuse Charges in San Jose & Santa Cruz
The most common criminal charges involving abuse, neglect or endangerment
of children are as follows:
California Penal Code 273d punishes physically injuring or imposing cruel physical punishment on
a child. This crime specifically deals with physical abuse directed at
a minor. Violations may include slapping a child hard enough to leave
a mark, engaging in a physical fight with a teenager and leaving bruises
on him or her or beating a child with a belt to discipline the child.
Penal code section 273d is a "wobbler". This means that depending
on the facts of your case and your criminal history it may be charged
as a misdemeanor or a felony.
The maximum jail sentence for a misdemeanor child abuse is one year. For
felony child abuse, it is two, four or six years. Legal defenses may include
the allegations are false, the child's injuries were caused by something
other than abuse, the parent or guardian was acting within his or her
right to discipline the child or the child was not injured on purpose.
California law makes it a misdemeanor to fail to provide necessary material
care for your minor child.
Failure to Provide Care/Child Neglect is a violation of
Penal Code 270. The legal definition is as follows: you were the parent of the child,
the child was a minor, you failed to provide necessities for the child
and that failure was willful and without lawful excuse.
Failure to provide is a misdemeanor and the potential penalties include:
misdemeanor summary probation or court probation, up to one year in the
county jail and/or a fine of up to $2,000.
California Penal Code 273a punishes acts of
Child Endangerment. The crime occurs when someone 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. A child endangerment conviction does
not require that any child suffer an actual injury. Examples include failing
to get medical treatment for a very sick child, negligently leaving a
child with a caretaker whom you know to have a history of abusive behavior
and leaving guns and dangerous weapons within reach in a home where children live.
Legal Defense in Santa Cruz, Santa Clara County & the Silicon Valley
If the circumstances involve a risk of great bodily harm or death, the
offense may be charged as a felony. For felony child endangerment, penalties
include two, four or six years in state prison, Misdemeanor child endangerment
penalties include up to one year in county jail The sentences may also
include a protective order, successful completion of a minimum one year
child abusers treatment counseling program and if you were accused of
being under the influence of alcohol or a controlled substance, an order
to abstain from both for the duration of probation and random testing.
If you are under investigation for, arrested or charged with child endangerment,
neglect or abuse, for effective and aggressive representation contact
The McGuire Law Office.