Child abuse takes different shapes and forms. A child may be physically abused by being stricken or assaulted. A child may also be abused by a parent or someone else by being placed in a position that the child’s health and safety may be in danger. This is commonly referred as child endangerment. The most serious crime involving a child is sexual abuse.
Under California Penal Code section 273d, child physical abuse occurs when any person willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition. For misdemeanor child abuse convictions, the maximum jail time will be one year. If found guilty of felony child abuse, one could be sentenced to a maximum of six years in state prison. If the convicted person has a prior conviction for the same offense, there will be a four-year additional jail time. If probation is granted by the court, you may be ordered to stay away from the child and avoid any type of contact with the victim. You may also be ordered to complete no less than one year of a child abuser’s treatment counseling program.
Child Endangerment
Other charges that may be filed by the prosecutor are the following:
“child endangerment” in violation of California Penal Code 273a
“child neglect” in violation of California Penal Code 270.
Here, the defendant doesn’t directly and physically injure the child but creates the conditions that pose a risk of harm to the child. For instance, leaving the child alone at home, or leaving a baby in her car seat for a long time with the vehicle windows up, or leaving a gun out in the open and easily accessible to a child. If convicted of child endangerment, one could receive 1 year in county jail for misdemeanors and up to 6 years in prison for felonies.
If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant will be required to abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her probation officer.
No matter what type of child abuse you have been accused of, you need an aggressive lawyer to defend you in California. Call us for a case analysis and review now.
