how to beat child endangerment charges

\u00a9 2023 wikiHow, Inc. All rights reserved. Is Reckless Endangerment a Misdemeanor or a Felony? You can select more than one State per search or more than one title per search. Thank you. The different mental states used in a felony child abuse charge are:negligence, recklessness, knowingly, or intentionally. Chronology/timeline of events that you should write out. Up to one (1) year in county jail, and/or; A fine of up to $1,000. These are usually state charges that can be brought against you if you put a child in danger of imminent harm of bodily injury, death, or mental or physical impairment. Also look to see whether the investigator made any effort whatsoever to acquire this evidence or witness statement. Your actions are indifferent or in disregard for the life and consequences for the child. Some examples of misdemeanor child endangerment penalties are: A maximum of 6 months in county jail. If a mother were to take drugs or drink alcohol, and then drive with her child in the car, this to help you understand the specific nature of the charge and what you can do to challenge it. Mental state refers to a persons intentions or thought processes which lead to the eventual injury of a child. Even casual use of alcohol or drugs will make it more difficult to win custody. Confirmation bias. Consequences of a Felony Child Abuse Conviction. He earned a J.D. A charge of reckless endangerment can lead to serious criminal, personal, and financial consequences. The act can be reckless or intentional, or an act of omission. The main focus is the reasonableness of the discipline. Contact our law firm at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. Again, reckless endangerment doesnt require proving intent, but your motivations still matter. No obligation case evaluation. Confirmation bias involves a tendency to interpret evidence as confirmation of ones already-existing beliefs or theories. What are the Elements for Establishing a Reckless Endangerment Charge? Some examples of child endangerment negligence are: The child protection laws are strict, and the desire by the courts to protect children at all costs lands many innocent people in jail. Hire an experienced attorney if someone levies false allegations against you. First, you can receive a criminal punishment of six months to 20 years, depending upon the circumstances and the state. Many provinces and territories also have laws and policies that prohibit the use of physical punishment of children in foster homes, childcare settings such as daycares, as well as in schools. The defendants action must also exceeds negligent or accidental conduct, posing a risk of harm that is itself unreasonable. How to Proceed with Your CACI Hearing Appeal? By using this service, some information may be shared with YouTube. When most people consider child endangerment charges, they think of a person placing a child in a high risk situation, such as leaving the child in a very hot car. We strive to help you make confident insurance and legal decisions. Board of Bar Overseers Number #552110. It must be proven that the defendant intended to commit the act giving rise to the charge. Finding trusted and reliable insurance quotes and legal advice should be easy. Disclaimer: The information contained in this web site is provided as a service to the Internet community but does not constitute legal advice. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. An Opa-locka police sergeant arrested Tuesday night on three domestic abuse charges physically battered and threatened to kill family members for almost a decade, police said on Wednesday. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. The strictness of these laws, unfortunately, causes many innocent adults to be convicted of child endangerment. Under California Penal Code Section 273a, you could face up to six years in state prison and up to $10,000 in fines if you are convicted of felony child endangerment. Further, it must be shown that the defendant knew (or in some cases, should have known) of the risk posed by this action. If you're accused of child neglect, you can't rely on the caseworker to contact you for your side of the story. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. California judges can, and often do however, add enhancement to your sentence for felony charges if the child suffered serious harm. Quotes and offers are not binding, nor a guarantee of coverage. Injury Due to Something Other Than Child Abuse You do not have enough knowledge about the law and the state regulations to protect your rights. A presumption is defined as a conclusion that is considered to be correct without a need of additional evidence. A head-to-toe spanking with a metal studded belt that lasted for an extensive period of time will not qualify as reasonable. For example, most people are familiar with the charge of reckless endangerment when achild is involved. Child Endangerment charges often stem from a child being injured and the prosecution or police claiming that the parent or guardian did not exercise the care they were obligated to provide. For instance, if the omission you committed could have led to death, the parent would get a more severe punishment. The investigation depends on whether a claim is substantiated or not; you are not automatically guilty if a claim is substantiated, but you are exonerated if a claim is unfounded. Maintain a record of every phone call, text message, email, interview, conversation, or other communication related to the allegation or subject of child abuse. Inconsistencies and contradictions made by the author of a report, such as the investigating social worker or a police officer. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. If a defendant cannot divert the charge with one of the two prior options, heis stuck with deciding how to handle a felony level offense. Our children, due to their vulnerability, deserve that the California courts take every legal means to protect them from exposure to dangerous conditions that can cause them bodily harm or injury. can do much of the leg work needed to accomplish our objectives. WebScraped knees, elbows, and the occasional bump on the forehead are practically a rite of passage for the average child learning to walk, run, or ride a bike.