Child Endangerment in California

Written By Davis Hewitt

Child endangerment is a serious offense in California, and it is broadly defined under Penal Code § 273a. If you or someone you care about is facing allegations under this statute, it’s crucial to understand what the law entails, the potential consequences, and how an experienced criminal defense attorney can help.

What Is Child Endangerment (PC § 273a)?

Under California Penal Code § 273a, child endangerment occurs when someone:

  • Willfully causes or permits a child to suffer unjustifiable physical pain or mental suffering;

  • Willfully causes or permits a child in their care to be injured; or

  • Places a child in a situation where their health or safety is endangered, even if no injury actually occurs.

The law is intentionally broad to cover a range of conduct — from direct physical abuse to allowing a child to be in dangerous conditions, such as in a home with unsecured firearms, drug manufacturing, or intoxicated drivers.

Examples of Child Endangerment

  • Leaving a young child unattended in a car on a hot day

  • Driving under the influence with a child passenger

  • Failing to seek medical care for a seriously injured child

  • Physically abusing a child or allowing another adult to do so

  • Exposing a child to illegal drug use or domestic violence

Importantly, actual harm to the child is not required for a charge to be filed. Putting the child at risk of harm may be enough for prosecutors to pursue charges.

Penalties for Violating Penal Code § 273a

Child endangerment can be charged as either a misdemeanor or a felony, depending on the circumstances — especially whether there was a likelihood of great bodily harm or death.

Misdemeanor Child Endangerment

If the risk of harm was not substantial, it may be charged as a misdemeanor. Penalties can include:

  • Up to 1 year in county jail

  • Probation, possibly with mandatory parenting classes or counseling

  • Fines up to $1,000

Felony Child Endangerment

If the child was put at risk of great bodily injury or death, the charge may be filed as a felony. Penalties may include:

  • 2, 4, or 6 years in state prison

  • Formal probation, with strict conditions

  • Fines up to $10,000

  • Potential enhancement of additional years in prison if the child actually suffers injury

A conviction can also lead to loss of custody rights, mandatory reporting to Child Protective Services (CPS), and long-term consequences for your personal and professional life.

Defending Against Child Endangerment Charges

Every child endangerment case is different. A strong defense depends on the specific facts and the evidence. Common legal defenses include:

  • False accusations due to custody disputes or misunderstandings

  • Lack of criminal intent — the act may have been negligent but not criminal

  • No actual risk of harm — the child was not truly in danger

  • Parental right to discipline — within legal limits

An experienced defense attorney can investigate the facts, challenge the prosecution's evidence, and advocate for dismissal or reduced charges.

Why You Need a Skilled Criminal Defense Attorney

Child endangerment charges carry both legal penalties and emotional consequences. Law enforcement and prosecutors often act quickly and aggressively, especially when children are involved. If you're under investigation or have been arrested for a PC § 273a violation, it’s critical to act just as quickly to protect your rights.

Davis W. Hewitt understands the stress and stakes of facing child endangerment charges. His goal is to provide a thorough, compassionate, and strategic defense for every client. Call to schedule a free 30-minute consultation.

Davis Hewitt
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