How to Get a Child Endangerment Charge Dropped

December 29, 2025 | Nafiz M. Ahmed

Being charged with child endangerment is a serious legal matter that can have long-lasting consequences. However, not all allegations result in a conviction. In fact, it is possible to get a child endangerment charge dropped or reduced.

This article outlines several legal strategies and steps you can take—from hiring a criminal defense attorney to challenging evidence and exploring alternative sentencing—to effectively fight child endangerment charges and seek a dismissal or reduction.

Understanding Child Endangerment Charges

In California, child endangerment is defined under California Penal Code § 273a. This law makes it a crime to willfully place a child in a situation where their health or safety is endangered, even if the child is not actually harmed.

Common examples include:

Leaving a child unattended in a car.
Driving under the influence with a child in the vehicle.
Exposing a child to illegal drugs or a dangerous environment
Neglect or failure to provide necessary care.

Child endangerment can be a misdemeanor or a felony, depending on the severity of the alleged conduct and whether the child suffered actual harm.

1. Hire an Experienced Criminal Defense Attorney

The first and most critical step is hiring a qualified criminal defense attorney with experience in child endangerment or child abuse cases. These cases often involve subjective interpretations of a person’s actions and intent.

An attorney can:

Evaluate the strength of the prosecution’s case.
Identify procedural errors or constitutional violations.
Negotiate with prosecutors for dismissal or reduction of charges.
Represent you in court or pre-trial negotiations.

Above all, your attorney can protect your rights and guard you from overzealous prosecutors.

2. Challenge the Evidence

Many child endangerment charges are based on circumstantial or weak evidence.

An effective defense will scrutinize the prosecution’s case for flaws such as:

Lack of intent: Prosecutors must typically prove that the defendant knowingly or recklessly endangered the child. If the act was accidental, dismissal may be appropriate.
No actual danger: If the situation was not truly threatening, this may offer grounds for dismissal.
Unreliable witnesses: Child endangerment reports can come from angry spouses, neighbors, or others with a motive to lie.
Improper police procedure: If law enforcement violated your rights during the arrest or investigation (e.g., unlawful search), your attorney may be able to suppress evidence.

Your legal team can identify the best possible defenses and strategies to get the child endangerment charges dropped.

3. Present Exculpatory Evidence

As a defendant, you may present your own evidence that contradicts the prosecution’s case.

Exculpatory evidence can include:

Eyewitness statements
Surveillance footage
Expert testimony (e.g., pediatricians, psychologists)
Character references or testimony from others who can speak to the defendant’s parenting abilities

In some cases, it may be possible to demonstrate that the child was never in actual danger, or that the incident was mischaracterized.

4. Negotiate Alternative Sentencing or Deferred Adjudication

First-time offenders may be eligible for informal pre-trial diversion or deferred adjudication programs. These allow the defendant to complete court-mandated requirements (e.g., parenting classes, counseling, community service) in exchange for the charges being dropped.

Eligibility for such programs depends on:

Criminal history
Nature of the endangerment
Cooperation with the investigation
Willingness to accept responsibility

With these options, the defendant may avoid a conviction and have the opportunity to expunge the arrest from their record.

5. Argue for a Reduction of Charges

In some situations, the prosecution may agree to reduce a child endangerment charge to a lesser offense, such as disorderly conduct or a public safety infraction, particularly if no harm occurred and the defendant shows remorse or cooperation.

A reduced charge may carry significantly less severe consequences, including avoiding jail time or a criminal record.

Contact Ahmed & Sukaram Criminal Defense Attorneys Today to Speak With a San Jose Child Endangerment Attorney

While child endangerment charges are serious, you may have options. Getting such a charge dropped is possible with the right circumstances and legal strategies. An experienced San Jose child endangerment lawyer can help you protect your rights and avoid the most serious consequences of a child endangerment charge.

For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500