Jo-Anna Nieves
Founding Attorney
Oakland Risk of Injury to a Minor and Child Endangerment Charges
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After a child endangerment arrest in Oakland, criminal proceedings will ensue. The post-arrest process will include submission of the report and investigation results to the District Attorney for prosecution. The DA will then decide whether to file charges.
Oakland risk of injury to a minor and child endangerment charges may vary depending on the nature of the alleged offense, the persons involved, and whether the risk of injury included sexual conduct. A child endangerment lawyer could explain the nature of your charges and work to defend your rights and interests to the furthest extent possible.
Determining whether child endangerment allegations lead to a felony or misdemeanor charge depends on the risk of great bodily injury or death. If there is a risk of great bodily injury or death to the child in question, that case will likely be charged as a felony. If it is instead a risk of minor injury or healthcare welfare, the case can be charged as a misdemeanor.
The consequences of being charged for a felony versus a misdemeanor can be quite substantial. For a felony, a defendant faces two, four, or six years in state prison and for a misdemeanor they may be looking at up to a year of time incarcerated. There will also be significant differences in the fines, probation, parole, and other terms and conditions of release.
Cases involving child endangerment where there is a risk of injury to a minor are heard in criminal court in front of a judge. If the case goes to trial, then it could take place in front of either a jury or a judge. Other concurrent proceedings may include child custody, restraining orders, and CPS investigations, all of which will take place in different locations.
Child endangerment cases are focused on the risk of injury, not the actual injury that occurs. If somebody is willfully inflicting injury on a child, that would result in a different set of charges and a different type of case.
Although criminal charges could still be levied against a bystander or somebody who willingly continues to put their child into the care of a person, knowing that that person is sexually abusing their child, they could be charged with risk of injury to a minor.
The difference between the risk of injury and the type of charge that would involve sexual contact with a minor is different degrees of conduct. The question of willful intent is the difference between a case involving a sexual act on a child or intentionally perpetrating an act on a child as opposed to allowing them to be in a situation that is unsafe.
No matter the specific allegations, a criminal defense attorney could help build an effective defense to Oakland risk of injury to a minor and child endangerment charges. A lawyer could collect relevant evidence, analyze police reports, negotiate with prosecutors, and do everything in their power to mitigate the consequences of a charge. Reach out as soon as possible for legal representation.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
