California law takes instances of child endangerment and neglect very seriously. While this is admirable, it also leads to a complicated tangle of legal code. As a result, Oakland risk of injury to a minor and child endangerment statutes can be difficult for a layperson to understand without professional legal aid from a child endangerment lawyer.
For somebody charged with felony risk of injury to a minor, penalties may include two, four, or six years in state prison, and for a misdemeanor it would be up to a year in jail. There are also additional terms that the court would have to impose if somebody is given probation instead of jail time, such as protective orders protecting the child victim from the circumstances that led to the conviction. Protection orders could include prevention of the accused from living in the same residence as the child or an order preventing contact with the child altogether.
Additional sentencing terms include a mandatory minimum of at least a year of child abuse treatment counseling. If the risk of injury to the child occurred while a person was under the influence of drugs or alcohol, there could be a court-ordered bar on the use of drugs or alcohol during that period of probation, including random drug testing.
Under California Penal Code § 9-2-273a, it is considered child endangerment to leave a minor in the care of someone who is known to be abusive, including one who is sexually abusive. If a parent leaves their child with a babysitter, neighbor, or relative with a history of abuse, for example, they may be prosecuted criminally.
Convicted individuals can be ordered to participate in child abuse counseling, payment of fines and restitution, and a stay-away order where the accused cannot have any communication or contact with the victim of the crime.
California Penal Code part I, title 9 is the specific area in the statutes that protects the general health of minor children in Oakland and throughout California – specifically Penal Code sections 270 to 273.75. Child endangerment is covered in Penal Code Section 273a, which is within the abovementioned range of sections all dealing with child abuse, child neglect, child endangerment, the risk of injury, and the like.
There are also separate sections in the Welfare and Institutions Code that specifically deal with the welfare of children in dependency and delinquency cases; however, the criminal consequences faced by adults who endanger minors are primarily addressed in the Penal Code sections above. It is important to note that under Welfare and Institutions Code section 300, social services can remove a child from the home if there is a threat to the child’s safety.
California Vehicle Code Section 15620 makes it an infraction to leave a child unattended in a car. Under the statute, no child under six-years-old should be left alone in a vehicle if it is running, if there are other circumstances of harm, or if the keys are in the ignition. Because it is an infraction, it is penalized with a fine, not jail time.
Although there is a specific section regarding unattended minors in vehicles, it does not prohibit the District Attorney from prosecuting a child endangerment charge if the risk to harm posed to the child is apparent and great. For instance, leaving a child alone in a vehicle on a sweltering hot day resulting in the child’s death could result in felony child endangerment charges.
If you are facing child endangerment or neglect charges, you may be confused about what specific laws are relevant to your case and how the charges could be defended effectively. You need an attorney who understands Oakland risk of injury to a minor and child endangerment statutes. Contact a criminal defense lawyer as soon as possible.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
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
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!