Were you or a loved one just arrested for child neglect in San Jose, California? Being accused of failing to care for your child can feel overwhelming, and you may not know what to do next. You’re probably worried about your family and your future.
At Ahmed & Sukaram, Criminal Defense Attorneys, our team has 30 years of combined experience helping defendants in San Jose face serious accusations with compassion and skill. Contact us today at (408) 217-8818 to schedule a consultation with a San Jose child neglect lawyer.
Why Hire Ahmed & Sukaram, Criminal Defense Attorneys If You’re Arrested for Child Neglect in San Jose, CA?
When you’re facing a child neglect accusation in San Jose, CA, you want more than just generic legal representation. You want someone who truly understands what you’re up against and will fight relentlessly for your future. Our firm knows that these charges can lead to feelings of isolation and can be incredibly overwhelming.
- Our team is led by a California State Bar Certified Specialist in Criminal Law
- We have been recognized among the National Trial Lawyers Top 100
- We’ve handled more than 3,000 cases and been involved in more than 50 successful jury trials
When your reputation and relationships are on the line, don’t take chances. You need to make sure you work with a firm that really knows what it’s doing. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a consultation with a San Jose criminal defense lawyer.
Overview of Child Neglect in California
Child neglect charges are taken seriously in California, and the law is specific about what counts as neglect, who can be accused, and what excuses may or may not be valid.
What Must Be Proven in a Child Neglect Case
To convict someone of child neglect, the prosecutor is required to show:
- The accused is the parent (as defined by law) of a minor child.
- The parent willfully failed to provide something the child needs.
- There was no lawful excuse for that failure. What Are “Necessities” Under California Law?
A parent is expected to provide all basic needs for their child, including:
- Proper clothing
- Nutritious food
- Safe shelter
- Medical, dental, and regular health care
- Remedial care, which could mean religious or spiritual support if that’s part of the family’s culture
The law only considers actions done on purpose as neglect. Simply being careless or forgetful does not meet the standard; there must be a deliberate choice to withhold necessities.
Who Is Considered a Parent and What Is a Minor?
A minor is anyone under the age of 18, and California law also includes unborn children in some circumstances. The definition of parent is broad: it covers biological, adoptive, and foster parents, as well as anyone acting as a parent, such as guardians or stepparents.
What Counts as a Lawful Excuse?
A parent might be excused from neglect charges if they truly cannot provide support, through no fault of their own:
- Lack of income due to factors outside their control
- No assets or available means to support the child
- Honest efforts to find work or get help, even if unsuccessful
The following situations do not count as a lawful excuse:
- Irresponsibly spending money meant for support
- Not looking for work or public assistance when needed
Ultimately, the law presumes there is no lawful excuse unless the parent can show otherwise.
What Are the Penalties for Child Neglect in San Jose, California?
Child neglect cases in San Jose are usually treated as misdemeanors, but certain circumstances can make the consequences more severe.
Here’s an overview of possible penalties and what to expect:
Misdemeanor Penalties
Most child neglect convictions fall under the misdemeanor category, which can include up to 1 year in county jail and a fine of up to $2,000.
Felony Child Neglect
You could face felony charges if you refuse to provide for your child after a judge has established you’re the parent (such as after a paternity suit). Felony penalties may involve one year in county jail, one year plus one day in state prison, and a fine of up to $2,000.
Gun Rights After a Conviction
A misdemeanor child neglect conviction does not affect your right to own or possess a gun under California law. However, a felony conviction will result in the loss of gun rights in California.
Child Protective Services (CPS) Involvement
CPS could step in if child neglect is proven, especially if the child is missing basic needs like food, shelter, clothing, supervision, or medical care. Often, CPS first offers in-home support services to help your family get back on track. If the child’s well-being remains at risk, foster care or other placement may follow.
What Defenses Can Be Raised If I’m Arrested For Child Neglect?
If you’re facing child neglect charges in San Jose, it’s natural to feel worried about what comes next.
The good news is that California law provides several real defenses your lawyer can consider:
- No Willful Act: You didn’t intentionally fail to provide for your child’s needs. For example, you lost your job or income unexpectedly and were trying to get back on your feet.
- Lawful Excuse: You had a valid reason, such as being hospitalized or physically unable to work, that made it impossible for you to care for your child at that time.
- Falsely Accused: The charges are based on untrue claims, possibly brought on by a custody dispute, jealousy, or revenge from another adult involved in your child’s life.
If you’ve been accused of child neglect, the right strategy can make all the difference in protecting your future.
Facing a child neglect charge in San Jose can turn your whole world upside down. It’s natural to feel anxious about what comes next, especially when you’re worried about your family and your reputation. With so much at stake, you deserve guidance you can trust and a legal team that knows how cases in local courts play out.
We’ll take the time to explain each step and be there for you when things feel overwhelming. If you need help, contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a consultation with a San Jose child neglect lawyer.