By As an adult, you have the responsibility to take legal responsibility for the charge you take care of. In this approach you must ensure the child is loose from unreasonable dangers. Moreover, when a caregiver is unable to defend the child, the felony punishment is known as a child endangerment charge. In this article, we will be discussing everything about child endangerment charges, alongside the factors that constitute the rate and the penalties for the same.
What Does Child Endangerment Mean?
Child endangerment is defined as an allegation of placing an infant in a life-threatening or dangerous scenario. Moreover, it can additionally mean a situation where the child has an excessive chance of getting injured. Similarly, depending on the severity of the allegation, infant endangerment will be sentenced as either legal or misdemeanor.
The prosecuting party must prove that the defender has put the child in a dangerous situation knowingly and intentionally. Moreover, when the case shall be proved because of all the evidence provided by the prosecution, the defender shall be convicted with child endangerment charge.
The punishment or penalty of child endangerment charge can differ from one state to another in the United States. Generally, it can differ from a fine of $50 while being classified as a Class 3 misdemeanor. Or up to 12 years of prison with a fine worth $750,000.
Along with this, you can also expect the defendant to be punished based on their previous criminal records or their position of trust.
What Constitutes Child Endangerment?
Even though state laws vary related to child endangerment charge. But generally, most state laws tend to have the following characteristics regarding what a child endangerment charge really constitutes.
Actions or situations that endanger the child
Child endangerment laws are generally applied broadly. Along with the number of acts could lead to a conviction. Moreover, courts have held that dangerous activities like driving a car while being under the influence of alcohol or drugs (DUI) with the child is one instance that constitutes child endangerment.
Moreover, other dangerous activities include failing to secure the child while driving a vehicle, exposing the child to drug manufacturing, presence of unsecured firearms in the same vicinity of the child. Similarly, it can also include engaging in sexual acts while the child has the view or leaving them without proper supervision.
Actual or potential injury to a child
Child endangerment charges are designed to punish behavior that could lead to the child being harmed due to lack of supervision. However, the regulations state the child might not always actually suffer from an injury or physical harm.
State laws are generally known to categorize child endangerment as placing the child in a circumstance that might endanger the child’s life, welfare, health, morals, or emotional well-being.
However, child endangerment charges might still be charged in cases where the actions of the caregiver have eventually led to the child being harmed or physically injured.
Reckless endangerment of children
For obtaining a child endangerment charge against the defender. The prosecutor is not obligated to show that the parent or caregiver has intentionally exposed the child to a dangerous circumstance.
Moreover, the court will be applying the “reasonable person” standard within a child endangerment case. This means, even if the accused has not realized the circumstance to be dangerous. A reasonable person within that situation will have to understand that their action has been endangering the child’s well-being.
Similarly, an adult caregiver must do more than commit a simple mistake or act unwisely. Moreover, the caregiver must place the child within a circumstance where it is likely that the child is exposed to getting harmed or injured.
For instance, parents who have left their child in a locked vehicle with the engine still running while they went to a store for a duration of 30 minutes doesn’t mean the child has been endangered.
Is Child Endangerment and Child Abuse the same?
You must be aware of the term “child abuse”. Child abuse tends to consist of physical violence, mental or emotional abuse, neglect, sexual abuse, exploitation or any form of cruelty inflicted upon the child.
In all states of United States, child abuse is a serious crime, which sometimes can be declared as a child endangerment charge. Moreover, this is only applicable when the convict has not been charged with assault or battery.
This means, child abuse and child endangerment are two different legal terms. But a convict when not charged of battery or assault under child abuse can be convicted with a child endangerment charge.
How Does the Court Determine Child Endangerment?
Child endangerment is described as exposing a child to pain, hazard, or undue struggling. Moreover, it isn’t legally established whether the kid suffers from damage or loss of life.
You must be aware that you can be accused of child endangerment even when you have not dedicated the act by chance. So, in case you are a parent, caretaker of the kid, or parent, or an adult around the endangered child, you have the ability of being charged with child endangerment.
What is the Penalty for Child Endangerment?
If you are a caregiver or a parent, it is very easy to be accused of child endangerment charge if you don’t follow your state-specific laws. Therefore, it is vital to understand regulations and laws related to child endangerment to save from penalties.
Child endangerment charges can either be decided as misdemeanor or felony. This will entirely depend on the circumstances and details related to the case. Let’s look at the penalties of child endangerment charge when categorized as a misdemeanor.
· A maximum of six months in a county prison.
· Fine not more than $1000.
· Inclusion of summary probation for at least four years.
· Restraining orders keep the accused from committing another child endangerment crime.
· Attending court-approved child abuse training program for a year (minimum).
· Order to abstain from drug or alcohol abuse if the accused’s behavior resulted for its use.
· Requirement to be available for random drug tests.
Now, let’s look at the penalties of child endangerment charge when categorized as a felony. Moreover, if you have been charged with a felony then you have severe penalties. Some are as follows:
· Potential imprisonment for a term of 2,4, or 6 years in the state prison.
· A fine not exceeding $10,000.
· Formal probation lasts not less than four years.
Moreover, probation terms for a felony conviction of child endangerment are usually like those of informal probation. Judges in various states have the power to add enhancement to your sentence for felony charges if the child has suffered serious injury or harm.
The sentence enhancements might include the following, but are not limited to the same:
· Additional sentence of three to six years if the accused has inflicted injuries on the child. Similarly, the exact kind of injuries and age of the child shall determine how long the sentence will last.
· The court might decide on an additional sentence of four years if the child has passed away due to criminal negligence.
Moreover, child endangerment is a serious crime like any other crime associated with children. If you or someone you know is facing child endangerment charges, you might receive severe punishments and penalties. Similarly, it is vital that you take advice from an experienced criminal law attorney as soon as possible.
How To Get a Child Endangerment Charge Dropped?
You can be in a stressful situation if you find yourself facing a child endangered charge. Moreover, the legal process is long and complex. So, it is crucial that you know your rights and the potential outcome of your case. Here are some ways you can effectively drop your child endangerment charge:
Hire an experienced criminal law lawyer
If you are facing a child endangerment charge, you must contact an experienced criminal defense attorney. Moreover, the penalties and consequences for child endangerment could be severe, and having this conviction on your record can have a lasting impact on your personal and professional life.
However, if you work with the right lawyer, you will have the best chance of resolving your case either through acquittal or dismissal. Moreover, the lawyer you’ll hire will fight hard to reduce or eliminate child endangerment charge in your name. Similarly, they will also ensure that you do not have the fear of losing your livelihood due to a false charge.
Gather evidence & testimonials supporting your claim
You’ll have to gather as much evidence about the circumstances. Similarly, your evidence might include witness statements, photos, videos, email records, or anything that’ll prove your innocence. This will assist in your case.
Moreover, if you have a smartphone, make sure to document any evidence immediately so that it doesn’t get lost or deleted.
Making a robust legal defense strategy
Even if you are guilty of committing the act, it is vital that you know your rights. This will allow you to plan your defense even if you are found to be guilty. Moreover, creating a good defense strategy will reduce the damage to your reputation and prospects.
Similarly, child endangerment charges are complex. So, it is best to work with an experienced criminal defense firm while being stuck in such cases.
Engage in trial preparation
If you are charged with child endangerment charges, it is vital to have trial preparation conducted by an experienced trial attorney. Moreover, the best lawyers will assist you in figuring out your viable options, strength and weakness of your case. Along with deciding whether you should take a plea deal or go to trial.
Common Legal Defenses to Get a Child Endangerment Charge Dismissed
The best way to fight child endangerment charges is by proving that you didn’t do anything to expose the child in an endangered circumstance. Moreover, you’ll also have to prove that it is not likely that you’ve done anything that has anything to endanger your or someone’s child.
Moreover, a great defense attorney will assure that the prosecution has enough evidence to prove their case beyond a reasonable doubt, which can be challenging. Here are some common defenses for child endangerment charge:
False Allegations
Many child endangerment allegations arise from contentious custody disputes. Moreover, a child could also fabricate a claim out of anger or under the pressure of the ex-spouse, ex-partner, or in-laws.
Similarly, these people could also make false allegations to get revenge or to win custody of the child. Moreover, mandated reporters like doctors, social workers, or teachers might also conclude without fully knowing the circumstances.
Your lawyer will ensure that they fight this defense if you have been charged unfairly.
Accidental Injury
Your lawyer might argue that you have not committed the act intentionally. For instance, suppose your babysitter has left your child in the care of an abusive individual without consent. In such a situation, you are not guilty of violating child endangerment laws. Similarly, you have also not intentionally put your child in a dangerous position.
Parental Right to Discipline
Parents have the right to discipline their child as per their wishes without inflicting physical harm. So, if you discipline your child for their own best interests without causing them any harm. Then you will not be charged with child endangerment.
Moreover, some individuals tend to act as “loco parentis”, which is the parental privilege caretakers, guardians, and guardians tend to have for minors. This means, if you’re someone belonging in the same group mentioned before, you can discipline the child without inflicting harm.
Conclusion
Now you have a better idea regarding the legal concept of child endangerment charge within family law. If you are someone who has been facing this charge, it is vital you take advice from an experienced criminal defense attorney. They will ensure that you do not face any bad repercussions that might impact your professional and personal life. So, make sure to hire a good lawyer and create a proper defense strategy to effectively safeguard your position if charged with the said allegation.
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