\u00a9 2023 wikiHow, Inc. All rights reserved. This doesnt influence our content. Be prudent and stay out of trouble. Because you did not willfully place your child in a dangerous environment, this could lead to the charges against you being dismissed. Do I Need A Lawyer For Help Defending Against Reckless Endangerment Charges? Mental state refers to a persons intentions or thought processes which lead to the eventual injury of a child. A glowing report can be a huge step in resolving the criminal or neglect case in your favor. We've helped more than 6 million clients find the right lawyer for free. To beat the false allegation of child abuse, you may have to testifyto state your own case. Under California Penal Code Section 273a, you could face up to six years in state prison and up to $10,000 in fines if you are convicted of felony child endangerment. Many states have this defense now to prevent unwanted babies from being thrown in dumpsters and trash cans. Some examples of misdemeanor child endangerment penalties are: Felony child endangerment penalties can be much more severe, including: Probation terms for a felony conviction are usually like those of informal probation. These are usually state charges that can be brought against you if you put a child in danger of imminent harm of bodily injury, death, or mental or physical impairment. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. ", didn't happen, from a neighbor who takes drugs. Child endangerment can be charged as a misdemeanor or a felony depending on the situation and the details of the case. Some states may issue a misdemeanor charge when the same behavior under the same set of facts will lead to a felony charge in another state. Child endangerment is defined as exposing a child to danger, pain, or undue suffering. Call Joslyn Law Firm now for a free consultation: (513) 399-6289. Child endangerment charges factor in that people can make mistakes. Obtain statements from witnesses that corroborate your own (such as an alibi). In a case where youre charged with child endangerment for disciplining your child, your lawyer can argue that your reason for doing so was warranted and justifiable. "Yes, it helped, even though I live in Australia. Hire an experienced attorney if someone levies false allegations against you. In the example of the hot car, it is well known that high heat can cause extreme or fatal injuries to a child left in a parking lot unattended in a vehicle. Bring your journal up to date after every contact with social services. The recklessness of the defendants conduct is sufficient. A defendant charged with a severe case of felony child abuse can lose custody or access tohis childas a result of a felony child abuse charge. By using our site, you agree to our. Parents are allowed to discipline their children if the act of discipline is considered Childs Age. WebA child endangerment lawyer in Cincinnati can walk you through your legal options. Essentially the idea is that children play, run, and fall on a regular basis and its impossible to differentiate the normal play injuries from any alleged injuries inflicted by the defendant. North Carolina has a universal mandated reporting law, requiring any person who has cause to suspect a child is abused, neglected, or dependent to make a report to the county department of social services where the child resides or is found. Typical sentences range from two to 20 years. The punishmentfor a felony child abuse case ranges from two years to twenty years for minor, non-life threatening injuries. 1. Other defenses turn on the injuries and the intent of the defendant. The last common defense is proving that you delivered the child to a safe place. In most cases, sentencing can include a combination of probation and a prison term of several years. All legal content, insurance rates, products, and services are presented without warranty and guarantee. To learn how to repair your professional associations after being accused of child abuse, keep reading. There are some defenses your lawyer can use, such as: Again, due to the ambiguous nature of this charge, getting the guidance of your child endangerment lawyer, from the outset, is your best defense. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. Are there Defenses to a Reckless Endangerment Charge? Also keep in mind that in some states, even if you are charged with a misdemeanor, the state may impose penalties that are comparable to those imposed for a felony conviction. You acted unreasonably while disciplining the child. The accuser has been coached to raise the allegation. Police are professional interrogators. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. Some states significantly increase the punishment range up to ninety-nine years when the injuries are serious, permanent, and intentional. WebChild endangerment is treated as a proactive offense. WebTo beat the false allegation of child abuse, you may have to testifyto state your own case. If the answer is "yes" you must immediately invoke your right to a lawyer. Include your email address to get a message when this question is answered. Consider seeking the advice of a qualified. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. Teachers are finding out that they are convenient targets of false allegations. If the person does not want to care for the child, he or she can avoid criminal charges by taking him or her to a hospital or emergency room. If the answer is "no" then you should strongly consider declining to speak with the police until you can talk with a lawyer. When your actions are grossly negligent, it amounts to criminal negligence, which attracts felony charges. You can select more than one State per search or more than one title per search. Felony child abuse statutes are extremely broad and cover a wide range of activities. By signing up you are agreeing to receive emails according to our privacy policy. Compare Quotes From Top Companies and Save, 10 Tips for Filing a Catastrophic Injury Lawsuit, Military Car Insurance Discounts and Tips, Auto Insurance for Active Duty Military and Vets. Other evidence and witness statements that will help you respond to the allegations. Retrieved from. A person can be charged with felony child abuse when heis involved in an injury to a child. Defendants can be placed on probation for two to ten years, depending on the safety or rehab needs identified through the plea bargaining process. Mr. Wallin founded Wallin & Klarich in 1981. Children that suffer from mental illness and behavioral problems, often resulting from abuse at the hands of natural parents, may claim abuse as an attempt to manipulate the system, get revenge, or seek attention. You acted in a way that is reckless or departs from common sense. Child safety since I do not want her back after her lies laws ), disregarding safety rules protocols. Youre innocent or guilty considers necessary to discourage improper parental conduct that can lead to serious criminal, personal and... Not secure, knowingly, or intentionally to identify and demonstrate a motive to lie been coached raise. Safety since I do not want her back after her lies less than a full years... Of action or action puts the child to a cop or certain other protected government employees an! 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