Child Endangerment: Legal Definition, Charges, and Defense
Understanding Child Endangerment
Child endangerment is a form of child abuse. If you put a child in a situation where they can be seriously hurt, then you can be charged with child endangerment. People who are charged with child endangerment often commit assault. However, you do not have to assault a child to put them in danger.Elements of Child Endangerment
The purpose of punishing child endangerment is to prevent someone from doing something that can potentially hurt a child. In order for you to be charged with child endangerment, the relationship between you and the child has to be established. You cannot be charged with child endangerment if you did not have a responsibility to care for the child.Who Can Be Charged
In addition to parents and grandparents, social workers, teachers and child care workers can also be charged with child endangerment. Anyone with a responsibility to care for a child may face charges if they endanger that child.Deliberate Acts of Endangerment
When people think about child endangerment, they often think about a deliberate act that puts a child in danger. For example, a parent leaving a child in a hot car is an act of child endangerment.Failure to Act
However, if a person fails to do something, then they can be charged with child endangerment. For example, if a child care worker does not give the child their required medication and they get sick as a result of this, then they can be charged with child endangerment.No Actual Injury Required
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Punishment for Child Endangerment
There are several factors that will affect the punishment that you will get for child endangerment. This includes the place you live and the circumstances surrounding the child endangerment.Jail Sentences
Jail sentences typically range from six months to 20 years, depending on the severity of the offense and jurisdiction.Probation and Conditions
You may also receive probation. There may be several stipulations that come along with being put on probation. This includes things such as taking parenting classes and counseling.Termination of Parental Rights
Furthermore, if you are the parent or guardian, then you may have your parental rights terminated.Defenses to Child Endangerment
It is important for you to hire an attorney as soon as possible. The attorney will help you come up with the best defense possible.
Threat of Imminent Danger
The threat of imminent danger is one of the main defenses that can be used. What one person considers imminent danger may not necessarily be considered dangerous by another person. For example, a parent leaves their 13-year-old child at home alone for several hours. Someone may call this dangerous and irresponsible. Others may not see that as a problem.Caregiver Status
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Safe Place Defense
You can also say that your child was in a safe place. This is a defense that many states have in order to prevent mothers from putting their unwanted children in dangerous locations. A parent can take the child to a hospital or fire station. There are also states that allow you to deliver older children to a safe place.Statute of Limitations
The Statute of Limitations for child endangerment can vary greatly. This will depend on the type of crime that was committed against the child, the age of the child and the criminal history of the caregiver. The Statute of Limitations typically ranges from three to 10 years.Get Legal Help Immediately
You need to hire an attorney as soon as possible. Your attorney will help protect your rights and represent you in court. They will fight the charges as soon as possible.Frequently Asked Questions
No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.
Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.
An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.
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