CHILD ABUSE AND CHILD ENDANGERMENT (CAL.PEN. 273a)
Child abuse and/or child endangerment are very serious crimes that can result in a felony or misdemeanor conviction. You could face serious punishment and the potential loss of career opportunities, a great job, or a successful business or profession. You must have an aggressive and skillful defense if you are charged with any form of child abuse or endangerment, especially child abuse or endangerment causing serious bodily injury or death.
There are four ways you can be convicted of child abuse and child endangerment with force likely to produce great bodily harm.
The prosecution must prove, beyond a reasonable doubt, the following:
(1a) You willfully inflicted unjustifiable physical pain or mental suffering on a child, or caused or permitted the child to suffer physical pain or mental suffering or
(1b) You willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering or
(1c) You permitted, while having care or custody of the child, the child ‘s person or health to be injured or
(1d) While having care or custody of the child, you willfully caused or permitted the child to be placed in a situation where the child’s person or health was endangered.
(2) You inflicted pain or suffering on the child, or caused or permitted the child, to suffer or be injured, or be endangered, under circumstances which are likely to cause the child’s death or cause the child to suffer great bodily harm or
(2b) You inflicted pain or suffering on the child, or caused or permitted the child, to suffer or be injured, or be endangered. (Without causing great bodily harm). And
(3) You did not act while reasonably disciplining the child.
The prosecution must prove that you acted with criminal negligence to convict you of child endangerment, because you may not have wanted to see the child harmed at all—but if you acted with extreme carelessness, you could be just as guilty as a person who acts with a willful intention to harm a child.
Criminal Negligence is defined as “more than ordinary carelessness, inattention or mistake of judgment. A person acts with criminal negligence when—
- He or she acts in a reckless way that is a gross departure from the way an ordinarily careful person would act in the same situation and
- The person’s acts amount to disregard for human life or indifference to the consequences of his or her acts and
- A reasonable person would have known that acting in that way would probably result in harm to others.
LEGAL DEFENSES TO CHILD ABUSE AND CHILD ENDANGERMENT
At MyCriminalDefense, we take very seriously any crime involving harm or injury to a child. We immediately launch a thorough investigation of the incident, using an experienced licensed professional investigator. Our investigation is designed to uncover evidence that will create the following defenses:
- You did not willfully inflict physical pain or mental suffering. We will interview and obtain sworn statements for witnesses that when you acted, you did not consciously intend to cause a child to experience physical pain or mental suffering.
- Your actions did not actually cause the child to experience physical pain or mental suffering. Our professional investigators will interview and obtain sworn statements from witnesses that would prove that your actions did not cause a child to experience physical pain or mental suffering. We may also have to engage the professional services of forensic medical doctors or psychologists to evaluate the facts of our investigation and prepare a professional written evaluation that would prove that your actions were not the cause of the child’s physical or mental injuries.
- Your actions did not amount to “criminal negligence”. Our investigators and experts will evaluate the results of our professional investigation and prepare written evaluations demonstrating that you did not act with “criminal negligence”.
- Your reasonably disciplined the child. The child may have experienced physical pain or mental suffering, but that the child’s physical or mental suffering resulted when you acted reasonably while disciplining the child.
- Your actions did not actually endanger the child’s physical or mental well-being. We will conduct a thorough investigation of the facts of your case and obtain sworn statements from witnesses that you did not act in a way to endanger the child. We may also engage the professional services of medical doctors or psychologists to evaluate the circumstances of your case to conclude, in the objective exercise of their professional expertise, that your actions did not cause the child to experience physical pain or mental suffering.
- You have been falsely accused of child abuse and/or child endangerment. It is entirely possible that someone with whom you are co-parenting a child may be motivated to falsely accuse you of child abuse and/ or child endangerment. In many bitterly contested child support or custody cases in family court, a child’s mother or father may falsely accuse the other parent of physically abusing or causing mental suffering or endangering the health of a child. The motivation behind such false accusations is to gain a strategic advantage over the other parent in a bitterly contested child support or child custody case in family court. At MycriminalDefense, the attorneys will work closely with professional investigators and experts to prove that the other parent’s accusations of child abuse or endangerment are false. Please do not allow this to happen to you. Schedule a free confidential consultation with Attorney Stephen Brodsky, today, to find out how to avoid a conviction based on false accusations.
In preparing one or more of the above-defenses, our goal is to raise a reasonable doubt as to your guilt of the charges. In criminal cases, the law does not place the burden on the defendant to prove his or her innocence; it is sufficient if the evidence we gather in the course of preparing your defense is sufficient to create a reasonable doubt that you are guilty.
CALL THE PROFESSIONAL LEGAL TEAM OF ATTORNEYS, INVESTIGATORS AND EXPERTS AT MYCRIMINALDEFENSE FOR A FREE CONFIDENTIAL CONSULTATION. ACT IMMEDIATELY TO PROTECT YOUR LIFE, REPUTATION AND FREEDOM.
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