SERVING NORTHERN CALIFORNIA WITH EXPERIENCE
Child abuse and child endangerment are often confused terms. The Law Offices of Richard Dudek knows the difference between these two related crimes and can aggressively defend against these charges. If you or someone close to you is accused of child abuse, you want a resolute and knowledgeable child abuse attorney with more than a decade of experience in the criminal courts of Sacramento. If someone is arrested for child endangerment, Richard Dudek reviews the case, assigns a licensed private investigator to do an independent investigation of the alleged facts and plans proven defense strategies.
EXPLAINING THE DIFFERENCE BETWEEN CHILD ABUSE AND CHILD ENDANGERMENT LAWS IN CALIFORNIA
The simplest way to explain the difference between child abuse and child endangerment is to look at the wording of the law. California’s child abuse statute prohibits physical abuse of a minor. Courts give parents great latitude in disciplining their children through spanking, but a parent, stepparent, family member or caregiver may not injure the child. Any injury could form the basis for a child abuse charge. The law does not require “great bodily injury” but only some physical manifestation of injury.
Child endangerment, unlike child abuse, requires no physical injury but prohibits a much broader category of behavior. You are guilty of child endangerment if you:
- Willfully inflicted unjustifiable physical pain or mental suffering on a child
- Willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering, and were criminally negligent, and not acting while reasonably disciplining a child
- Caused or permitted a child in your care or custody to be injured, and were criminally negligent, and not acting while reasonably disciplining a child
- Caused or permitted a child in your custody to be put in a dangerous situation and were criminally negligent, and not acting while reasonably disciplining a child
If great bodily injury is alleged, child endangerment is prosecuted as a felony and treated as a strike under California’s three-strikes law sentencing scheme. You need not be the person inflicting the alleged injury. You can be found guilty if you left your child in a situation that “permitted” the injury. Whether you acted willfully or were criminally negligent are questions you want to discuss with Richard Dudek , a skilled child endangerment lawyer who can determine whether your behavior rises to the level of criminality.
HOW TO PREVENT CHILD ABUSE ACCUSATIONS
Many child abuse and child endangerment accusations arise in the course of divorces or breakups. Unfortunately, ex-spouses or partners make false accusations in order to claim child abuse or child endangerment out of spite and anger, or to prevent you from having custody or visitation rights. Young children and angry teens are sometimes complicit in these accusations, and coached to accuse you.
Remember those cute pictures you took of the naked toddlers playing in the kiddie pool on a hot day? Such photos have been dredged up by vindictive partners accusing the other of child pornography or child molestation. Child abuse and child endangerment charges are frequently alternative charges in child pornography and child molestation cases. A seasoned child pornography defense lawyer can outline your defenses for you. Richard Dudek , a hard-hitting defense attorney with years of experience in these cases, can address pornography and child molestation defense considerations.
CONTACT THE LAW OFFICES OF ALIN CINTEAN FOR CHILD ABUSE OR ENDANGERMENT DEFENSE
Arrange a consultation with Richard Dudek , a resolute fighter against child abuse and child endangerment accusations. Our attorney and his investigative team work to uncover the truth. Contact us online or by telephone at (916) 444-7595 to arrange an immediate consultation and get started on your defense.