The best way to get a child endangerment charge dropped is to present exculpatory evidence. You can do this by:
- hiring a criminal defense lawyer,
- gathering evidence, and
- showing the prosecution that the case against you is weak.
You can also engage in the plea bargaining process to get a deal that drops the endangerment charge.
How do I present exculpatory evidence in a child endangerment case?
Presenting exculpatory evidence, or evidence that indicates your innocence, is the best way to get a child endangerment charge dropped. While it is up to the prosecutor to prove your guilt beyond a reasonable doubt, showing signs that you are innocent can convince law enforcement that pursuing the case is not worth it.
The best way to do this is to:
- hire a child endangerment lawyer,
- gather evidence of your innocence, and
- present it to the prosecutor.
1. Hire a child endangerment attorney from a reputable law firm
The first thing to do is to hire an experienced criminal defense attorney who often handles child endangerment charges.
Hiring a lawyer is essential for numerous reasons:
- through representing prior clients, they understand the evidence that will likely sway prosecutors,
- prior representations have taught them where to look for persuasive evidence,
- they will understand how the prosecutor is building his or her case against you,
- they can see signs that the prosecutor’s case is a weak one,
- their understanding of the law helps you avoid making strategic mistakes, and
- by speaking on your behalf, your lawyer can ensure that you do not say something incriminating.
While getting a lawyer does not guarantee a particular outcome, defendants who do not get one are very unlikely to move the prosecutor into dropping the charges.
2. Gather evidence
The next thing to do is to gather evidence of your innocence. This can be anything that undermines the factual allegations made in the endangerment charges. What this includes will depend on your circumstances.
Some examples could be:
- a drug or alcohol test that indicates that you were sober at the time of your arrest, if the charges claim that you were under the influence of something,
- successfully challenging a traffic ticket, if the endangerment charges involve speeding or reckless driving,
- location data from your cell phone that indicates that you were not where the charges claim you were,
- signs that a witness used by the prosecution is unreliable,
- eyewitness statements or accounts that do not agree with the factual allegations in the criminal charge, and/or
- text messages or other information that indicates what you were doing right before the arrest.
Knowing where to look for this evidence can take the legal advice of an experienced lawyer.
3. Persuade the prosecutor that the case is weak
Once you have a good case that strongly supports your innocence, the next step is to present it to the prosecutor. The goal is to get them to doubt that they could convict you for child endangerment.
It is extremely important to have legal representation at this stage. It is very easy to slip and say something that can be used against you. Having a lawyer also makes the prosecutor take you more seriously.
Even if the prosecutor decides not to drop the endangerment charges, this negotiation can pivot into a discussion about a plea bargain or a diversion program.
Can I get child endangerment charges dropped in a plea deal?
If the prosecutor refuses to drop the child endangerment charge outright, you may be able to get it dropped by pleading guilty to another offense. This is known in general as a plea bargain. Specifically, it would be a charge bargain in which:
- the prosecutor agrees to drop the child endangerment charge, and
- you agree to plead guilty to another offense.
For example, if you were arrested for driving under the influence (DUI) while having a child in the car, you could be facing charges for:
- DUI, and
- child endangerment.
If the prosecutor’s case is weak, a good legal defense strategy may be to strike a plea deal where you plead guilty to the DUI in exchange for having the child endangerment charge dropped.
Many criminal charges are resolved with a plea deal, especially charges that the prosecutor knows will be difficult to prove. A lawyer is far more likely to be able to tell whether the prosecutor is confident in their case than you are.
What are the penalties for violating child endangerment laws?
The penalties for a conviction for child endangerment will depend on the state. It is typically a misdemeanor that carries up to a year in prison. However, there may be other collateral consequences of a conviction, as well as sentencing enhancements.
Under California criminal law, for example, the penalties for child endangerment depend on whether there is a possibility that the child could suffer death or a great bodily injury.[1]
If there was no such possibility, child endangerment is a misdemeanor charge that carries up to:
- $1,000 in fines,
- 6 months in county jail, and/or
- 4 years of misdemeanor probation instead of jail time.[2]
If there is a possibility of death or great bodily injury, child endangerment is a wobbler. These can be prosecuted as a misdemeanor or as a felony based on the facts of the case and your criminal record. If prosecuted as a felony, the child endangerment penalties increase to a maximum of:
- $10,000 in fines,
- 2, 4, or 6 years in state prison, and/or
- 4 years of felony probation.[3]
These prison sentences can be enhanced, or made worse, if:
- you personally inflicted great bodily harm or a serious injury on the child,
- the child died, or
- there were other aggravating factors.
You can also suffer other collateral consequences of a child endangerment conviction. These may include:
- loss of child custody,
- a restraining order,
- immigration consequences, up to and including deportation,
- required completion of a child abuser’s program or other treatment or counseling, and/or
- completing a drug or alcohol treatment program.
These other penalties make it even more important to get child endangerment charges dropped. If you do get convicted, though, you may be eligible for expungement.
How is endangering a child different from child abuse or child neglect?
Child endangerment is the crime of intentionally putting a minor into a situation that threatens their health and safety. This includes exposing the minor to unjustifiable:
- pain,
- suffering, or
- [4]
Note that you can endanger a child even if the child does not end up getting hurt.
Child abuse is more serious. It is the crime of willfully inflicting on a child:
- cruel or inhuman corporal punishment, or
- an injury from a traumatic condition.[5]
Note that this requires an element of physical abuse. This is why child abuse is often a form of domestic violence that typically leads to felony charges.
Child neglect is slightly less serious than endangerment. A parent or guardian neglects their child when they willfully and without lawful excuse fail to provide for the child’s basic necessities. Those necessities include:
- clothing,
- food,
- shelter, or
- medical care.[6]
Establishing an attorney-client relationship with a lawyer from a local law office with numerous years of experience handling these cases is the best way to defend against them.
Legal References:
[1] California Penal Code 273a PC.
[2] California Penal Code sections 273a(b) and 19 PC.
[3] California Penal Code 273a(a).
[4] See California Penal Code 273a PC.