Oakland Child Endangerment Lawyer
The criminal justice system seeks to protect children and minors to the furthest extent possible. As a result, allegations of neglect, abuse, and endangerment are dealt with harshly by judges and prosecutors alike. If you are facing charges, you should consider reaching out to an Oakland child endangerment lawyer for experienced legal representation. A child abuse lawyer could help set things right and preserve your future.
Understanding Child Endangerment Charges
State law states that one may be criminally liable if, under certain circumstances or conditions, their actions were likely to produce great bodily harm or death to a child. The law does not only apply to parents but also anybody who is caring for a child who willfully causes or permits the person or health of that child to be injured or placed in a situation where their person or health is endangered.
Child endangerment is what attorneys call a “wobbler,” which means that it can be charged either as a felony or a misdemeanor, depending on the seriousness of the allegations. Whether it is charged as a felony or misdemeanor typically depends on whether there is great bodily harm or death.
What are Other Terms for Child Endangerment?
There are a number of other terms that describe risking injury to a minor, including child endangerment or risking the welfare of the child; threatening a child’s welfare or allowing a child’s welfare to be threatened; putting a child in harm’s way, danger, or distress or placing a child where there is a threat of an injury.
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The legal statute itself is under the subsection of Abandonment or Neglect of a Child which applies when a childcare provider is not offering proper care and creating a risk to the child that could be lead to unjustifiable physical pain or mental suffering.
What Could Prompt Child Endangerment Charges?
There are many different ways to endanger a child, including driving under the influence while having a child in the car or leaving the child with a caretaker such as a babysitter that had a history of abuse. If a person leaves dangerous items around for a child that are easily accessible to them, such as chemicals or weapons, that could also be considered endangering or risking an injury to a child.
Failing to provide or seek adequate medical attention for a sick or injured child is also a crime. In this case, there may be an exception for some faith-based care, but that would only apply if the child is not seriously ill or at risk of death.
How Could Sexual Contact or Misconduct Influence a Case?
When a risk of injury to a minor case concerns sexual contact or misconduct with a child, it could result in legal consequences for both parents. If one parent, for example, the mother, is aware that the father may be molesting the child, it is generally up to the mother to keep the father away from the child. If the mother does not request a restraining order against the father and possibly allows him back into the home or back near the child, she may face legal penalties as well.
Understanding the Role of Child Protective Services
The Department of Child Protective Services may respond to claims of a risk of injury to a minor in Oakland by going out and investigating referrals. Investigators may respond to the people who are making the referral, whether it is a school official, maid, police officer, or a staff member in a medical facility. They typically find out as much information from that person as possible, and afterward could begin by speaking with the child in question, as well as interview their parents. They could also make a number of school and home visits to inform their reports.
Contact an Oakland Child Endangerment Attorney
If you are facing charges of endangering a minor, you could quickly find yourself in serious legal jeopardy. Judges and prosecutors alike take neglect and abuse very seriously and will likely not be interested in downgrading charges or offering a generous plea deal. Contact an Oakland child endangerment lawyer for professional legal representation as soon as possible.