Last Updated on February 6, 2025
There are many types of child abuse charges in California. While most people would assume child abuse would be the most common charge, in fact, child endangerment charges, filed under 273(a) (PC), are more commonly filed because they are the easiest to prove. These serious criminal offenses can result in incarceration and loss of custody of the individual’s child. If you have been accused of endangerment in San Diego, please contact defense lawyer Peter M. Liss.
What is Child Endangerment?
Child endangerment is defined under CA Penal Code section 273(a) PC. It occurs when a child is exposed to unjustifiable danger, mental suffering, or physical pain, even if the minor experiences no actual mental suffering or physical pain. While most people accused of this crime are parents, anyone with a child in their care can face these charges, including daycare workers, teachers, babysitters, and more.
Examples of child endangerment include:
- minors being traumatized by watching domestic violence inflicted on one parent by another, even if the children themselves are never harmed
- parents refusing to obtain necessary medical treatment for their child
- a caregiver negligently leaving a sharp knife in easy reach of a toddler
- a parent hiring a known convicted child molester as a babysitter
- a coach forcing a child to run long distances on a hot summer day
- caretakers using excessive and illegal corporal punishment on a child
- a legal guardian driving drunk with a minor under 14 in the car
How Does California Law Define Child Abuse?
Child abuse is defined under California Penal Code section 273(d) (PC). It involves the willful infliction of cruel or inhuman corporal punishment or an injury causing a traumatic condition on a child. In terms of using violence on a child, this charge differs from 273(a) (PC) in that child endangerment involves simply exposing a child to unjustifiable suffering, danger, or pain. In contrast, abuse charges require the prosecutors to prove the punishment was “cruel or inhuman” or caused a traumatic injury. Because child endangerment charges are much easier to prove than abuse, but the sentence is the same for both offenses, San Diego prosecutors tend to file child abuse allegations less frequently.
Is Spanking a Crime in California?
It is legal to spank your child in California, but it is illegal to expose a child to unjustifiable pain, suffering, or danger, use “cruel or inhuman corporal punishment,” or cause “traumatic” injury. While a parent’s right to discipline is vaguely defined under the law, the courts typically hold that punching, kicking, burning, slapping, and choking are all illegal. Hitting with a belt and spanking all fall under a legal grey area, but if any of these activities result in a severe injury, they may result in abuse charges. To be considered an appropriate form of punishment, spankings must be performed for disciplinary purposes and not be excessive, given the circumstances.
For example, spanking a 12-year-old could be defensible under the law if he broke a television by throwing a ball in the house after already being told not to do so. On the other hand, spanking a 2-year-old for urinating in her pants would not be legal under California law.
Child Abuse and Endangerment Penalties
The seriousness of these cases varies based on whether or not the child was at risk of death or great bodily harm. In cases where death or great bodily harm was unlikely, child endangerment will be charged as a misdemeanor, punishable by up to one year of jail time. When great bodily harm or death was likely, child endangerment can be either a misdemeanor, punishable by one year in jail, or a felony, punishable by up to 6 years in state prison and a fine of $10,000. A felony conviction where the child suffered great bodily injury can also count as a strike under the state’s three strikes law.
Whether charged as a misdemeanor or felony, most offenders must also take a child abuser’s treatment program. Child abuse carries the same potential penalties as endangerment charges.
In many cases, because the determination of what is likely to cause great bodily harm is very subjective, your lawyer may be able to sway the prosecutor to charge the crime as a misdemeanor.
Additional Consequences
If you are accused of these offenses, you will not only face arrest and prosecution for your alleged actions, but Child Protective Services (CPS) will also investigate and may remove your child from the home. This CPS investigation is separate from the criminal investigation and proceedings. The criminal court may also bar you from seeing your child.
Fighting the Charges with a San Diego Child Endangerment Lawyer
There are many different defenses to these charges, but they vary greatly depending on the situation’s specifics. Here are some of the most common defenses used to fight child endangerment charges:
The Child Was Not at Risk
Just as it can be subjective to say that a situation is likely to cause great bodily harm, saying that a child was in danger or likely to suffer unjustifiable physical or mental harm is a matter of debate. These definitions vary from person to person, so criminal defense lawyers frequently have success arguing that the parent never put the child in actual or unjustifiable danger.
For example, if a 6-year-old child was allowed to walk to the park alone, some people would consider this alone to be putting the child in excessive and unjustifiable risk of harm. But most people would agree that the level of danger would vary significantly if the park was just across the street vs. halfway across town in a dangerous neighborhood.
Your Acted Accidentally
Another strong defense is to argue that the defendant’s behavior was not willful. If the endangerment resulted from an accident, it is not covered by this law.
For example, if you were cutting tomatoes when your partner dropped off your toddler, and you simply forgot to put the knife away, you can’t be charged for leaving your toddler with the sharp knife.
Witnesses Made a Mistake
One of the biggest problems with child abuse cases is that well-meaning people often misinterpret innocent occurrences as signs of abuse. Some people, such as therapists and teachers, are legally required to report symptoms of abuse, so they must report certain types of injuries, even if you have a valid excuse for them.
For example, if a child has a black eye from getting hit by a baseball, many people will take it as a sign that a parent hit them. Because children often try to cover for their parents in child abuse situations, mandated reporters and law enforcement agents may not believe that an accident caused the injury.
Fortunately, the law requires the prosecution to prove you are guilty beyond a reasonable doubt, so if there is insufficient proof that you abused your child, your San Diego criminal defense attorney may be able to have the charges against you dropped.
Other Defenses
Other ways your child endangerment lawyer in San Diego may help fight the charges may include:
- arguing that evidence was improperly collected
- claiming allegations were made to gain the upper hand in a divorce
- saying you were legally disciplining your child
- showing you were not legally responsible for the child at the time of the incident
- saying you were not the person who caused the child to suffer
You can also preemptively help fight a pending child endangerment charge under 273(a) (PC) by getting counseling or taking parenting classes.
Protect Your Rights
Remember that what you say when attempting to defend yourself can be used against you. So, refuse to speak with police without your San Diego child endangerment lawyer present, or you may say something that can be used to indicate that you meant to punish your child in an unreasonable manner.
A good example of saying something that could harm your defense would be arguing that you were only following the tenets of your religion. While California does allow religious exemptions to child abuse and endangerment cases (including those that involve the denial of care to children who need medical treatment), these exemptions only apply in misdemeanor cases. You cannot plead a religious defense if you are charged with a felony, and attempting to do so will only be used as evidence against you.
Related Criminal Charges
Other activities that people commonly consider abuse may instead be charged as child neglect, manslaughter, or sex crimes against a child. It is common for those accused of one of these crimes to be charged with other related charges, so if you have been accused of any form of child abuse, be sure to speak with a skilled criminal defense attorney as soon as possible.
Call a Child Abuse Attorney Today
If you have been charged with child abuse or endangerment, contact a San Diego criminal defense lawyer as soon as possible, even if you believe the situation will be resolved before charges are pressed. If you have any questions or are ready to schedule a free consultation with Peter M. Liss, please call (760) 643-4050 or (858) 486-3024.
