Should you find yourself embroiled in criminal accusations of child abuse or child endangerment in Southern California, prompt consultation with a seasoned criminal defense attorney like Simmons Wagner, LLP is vital. Don’t delay!
Serious charges like child abuse and endangerment can have extensive repercussions, potentially leading to loss of custody or visitation rights for your child. Furthermore, you could lose your professional license or be disqualified from working in certain occupations. In instances where you’re charged with child sexual abuse, you might even be required to register as a sex offender. Contact us at (949) 439-5857 now for a free legal consultation.
Understanding Child Abuse Laws in California
Child abuse charges typically ensue when a child has been physically harmed. However, you can be accused of child endangerment even if there’s only a potential risk of harm to the child. As per California law, child abuse encompasses neglect, cruelty, unjustifiable punishment, or physical injury not caused accidentally.
Child endangerment can be punished even if the child did not actually suffer harm. If your actions could have potentially led to physical or mental harm to the child, you could be charged with child endangerment. Similarly, placing a child in a hazardous situation or allowing them to remain in such a situation could result in your accountability.
Penalties for Child Abuse and Endangerment
In California law, both child abuse and endangerment are considered “wobblers,” implying that they can be charged either as a misdemeanor or a felony, depending on the severity of the accusations and your past criminal record.
A misdemeanor for child abuse could lead to up to a year in jail, while a felony conviction could result in a two to six-year sentence in state prison. Prior child abuse convictions might add another four years. For child endangerment, a misdemeanor might result in six months in jail, with a felony leading to two to six years in state prison—or even up to twelve years if the child suffered actual harm. Both crimes could also result in fines, protective orders against you, and compulsory classes.
Trial Considerations and Your Past
Not only can your past affect your sentencing, but previous child abuse charges may also be used against you during your trial! Usually, the prosecutor cannot cite your criminal history as proof of current crime commitment—that would be unjust. However, with child abuse charges, courts might permit evidence of past accusations, even if the alleged victim retracted their claim, the charges were dropped, and no conviction occurred.
Defense Strategies and Discipline
Facing accusations of child abuse or endangerment can seem overwhelming, but numerous effective defenses could be relevant to your situation. It’s important to note that abuse or endangerment needs to be “willful.” The prosecution has to establish that your actions were deliberate, such as striking a child or knowingly leaving them in the care of a dangerous person. Accidents do happen, even with the utmost caution, and sadly, even trusted individuals may not always be as they seem.
Furthermore, in California, you are entitled to reasonably discipline your child. Although the use of corporal punishment may elicit differing opinions, it’s permissible to spank your child with your hand to address inappropriate behavior. Nevertheless, the physical discipline should be age-appropriate and induce only mild, transient discomfort, not cause injury.
Take Immediate Action: Contact Your Attorney
Despite seemingly incriminating evidence, a dedicated and experienced criminal defense attorney like Simmons Wagner, LLP will work relentlessly to secure a favorable outcome. If you’re faced with allegations of child abuse or child endangerment in Southern California, get in touch with us without delay! Reach out to Simmons Wagner, LLP today at (949) 439-5857.