Have you been charged with child endangerment in San Jose, CA? If so, you need an experienced attorney to handle your case. Child endangerment falls under the category of domestic violence. A conviction could result in severe penalties and collateral consequences.
Our criminal lawyers have over 30 years of collective experience in criminal law. We have won over 3,000 cases. For two decades, Ahmed & Sukaram Criminal Defense Attorneys has been fighting for the rights of individuals throughout San Mateo and Santa Clara Counties.
Contact Ahmed & Sukaram, Criminal Defense Attorneys at (408) 217-8818 to request a free consultation with our San Jose child endangerment lawyers. We are available 24/7 to take your call.
How Ahmed & Sukaram, Criminal Defense Attorneys Can Help Me With My Child Endangerment Charges in San Jose
If your conduct puts a child at risk for mental and/or physical harm in San Jose, California, you could be charged with child endangerment. A conviction for child endangerment can impact your personal and professional life.
An experienced lawyer can help you minimize the consequences of an arrest for child endangerment. Our legal team includes a California State Bar-certified specialist in Criminal Law and attorneys who have been recognized by Super Lawyers, The National Trial Lawyers, and other distinguished legal organizations.
When you hire our top-rated San Jose criminal defense attorneys, our legal team will handle all aspects of your case, including:
- Complete a thorough investigation into the circumstances that resulted in your criminal charges
- Analyze the evidence the prosecution has against you
- Explain child endangerment laws and how they apply in your case
- Develop an effective defense strategy based on the evidence and facts in your case
- Advocate for you in court or negotiate a fair plea deal if taking your case to court is not the best option for you
Numerous national legal organizations have recognized our attorneys for their legal services. Call us today to schedule a free case evaluation with an experienced San Jose domestic violence lawyer.
What Is the Crime of Child Endangerment in San Jose, CA?
Child endangerment is defined in California Penal Code 273a as willfully putting a child at risk of experiencing mental suffering, great bodily harm, or death. Any of the following behaviors could result in a charge of child endangerment:
- Willfully causing or allowing a child in your care to be placed in a dangerous situation
- Willfully causing or allowing a child to experience unjustifiable pain and/or mental suffering
- Willfully causing or allowing a child in your care to sustain an injury
- Willfully causing or attempting to cause unjustifiable mental suffering and/or physical harm to a child under circumstances that are likely to result in great bodily harm or death
The California Jury Instructions sets out the elements the state must prove for a conviction. A prosecutor must prove that you did one of the acts above while you were criminally negligent. If you are the child’s parent, the state must prove that your actions were not part of a reasonable discipline of a child.
The prosecution doesn’t need to prove that a child suffered death or harm. It is sufficient for the state to prove that death or harm was the likely outcome of your actions.
What Are Possible Penalties for Child Endangerment in California?
Child endangerment is a wobbler under California Penal Code §273a. You are charged with a misdemeanor if there is no possibility the child would suffer death or significant bodily injury. The punishment for misdemeanor child endangerment is a fine of $1,000, up to six months in county jail, and summary probation.
If there is a chance the child could suffer great bodily injury or death, the charge could be a misdemeanor or a felony. If the charge is a felony, the punishment is two to six years in prison, a fine of up to $10,000, and four years of formal probation. If the child suffers significant bodily injury, the prison sentence can be extended by an additional three to six years.
In addition to jail, fines, and probation, the court may enter an Order of Protection to prevent you from contacting the child and the child’s family. You may also be required to complete a child abuser treatment program and may be ordered not to use drugs or alcohol.
A child endangerment conviction can also result in the loss of child custody and/or visitation. A criminal record may result in losing your gun rights and being ineligible to hold specific professional licenses. In some cases, a person may not qualify for some government programs.
What Are Defenses to Child Endangerment in San Jose, CA?
Our attorneys explore all potential defenses to child endangerment. Defenses may include:
- You did not act willfully or negligently.
- You have been falsely accused of child endangerment.
- You acted with the same care as a reasonable person.
- You were using reasonable disciplinary actions with your child.
- A mandatory reporter made a mistake of fact, or it was someone else who endangered the child.
- You did not have responsibility or care for the child.
As a criminal defendant, you are presumed innocent until the state proves your guilt. However, you have the constitutional right to present a defense. Our attorneys will help you present the best defense possible.
Schedule a Free Consultation With Our San Jose Child Endangerment Attorneys
You can be confident that our legal team will provide aggressive defense to the charges of child endangerment. We understand what is at stake and will fiercely advocate for you in court and during plea negotiations. Call Ahmed & Sukaram Criminal Defense Attorneys to request a free case review from our San Jose child endangerment lawyers.