CA Penal Code 273a – Child Endangerment

CA Penal Code 273a – Child Endangerment is California’s basic child endangerment law. You can be charged with this law if you were driving under the influence of drugs or alcohol (DUI) while there was a minor in the vehicle, putting them at risk of harm. In this case, a minor is anyone under the age of 18, whether or not they are your minor child.

There are two versions of the law, 273a (a) and 273a (b). The first one is a felony charge, and the second one is a misdemeanor charge. If you are facing such charges, a Los Angeles DUI lawyer can help build your defense. They can work to minimize your sentence or have your charges entirely dismissed.

Understanding CA Penal Code 273a – Child Endangerment

When most people think about child endangerment charges, they expect them to involve things like corporal punishment, domestic violence, child abuse, or even ordinary negligence.

It’s important to remember that this part of the California Penal Code can apply in a variety of situations in which a person puts a child in a dangerous situation that could cause physical harm to them.

California law says that the court can convict you of child endangerment even if the child was not hurt. It applies to any of the following:

• Causing or allowing a child to experience mental suffering
• Directly causing bodily harm to the child
• Allowing the child to be subject to bodily harm
• Allowing the child to experience the risk of bodily harm

In a DUI case, the police can charge you under PC 237a even if a motor vehicle accident did not cause the minor child’s bodily injury. If you were simply pulled over and arrested for DUI, and there was a minor in the vehicle, it counts.

A Los Angeles criminal defense attorney can help if you face a charge of child endangerment along with DUI charges.

Are There Crimes Similar to CA Penal Code 273a – Child Endangerment?

California has several charges similar to PC 237a, including California Penal Code 273d – Child Abuse, which often involves physical abuse, and California Penal Code 270 – Child Neglect. An attorney can tell you more about these charges.

The Difference Between Felony and Misdemeanor Child Endangerment Charges

The two versions of California Penal Code Section 273a, PC 273a(a) and 273a(b), are almost identical. The difference is whether the situation was “likely” to endanger the child. If it was likely to endanger them, then any reasonable person should have avoided it, and failing to do so is a greater crime (a felony).

In a DUI, the prosecutor may pursue either version of child endangerment charges. Although a felony offense is more serious than a misdemeanor offense, it’s also harder to prove in a DUI case.

Usually, they will only pursue a felony child endangerment case if the child suffered physical injury and/or if you had a very high blood alcohol level.

Penalties for CA Penal Code 273a – Child Endangerment in California

The consequences of putting a child in danger and facing criminal charges for it depend on whether the child faced a risk of “great bodily harm” or death from the offender’s conduct.

These penalties are in addition to the DUI penalties you may also face. If your child was in the car when the police arrested you for a DUI in Los Angeles, the police could take your child away. 

Additionally, the court may order you into a one-year child abuser treatment counseling program, and the judge may issue a protective order that could ban you from seeing the child, regardless of any child custody agreement. Child Protective Services may also get involved.

Misdemeanor Conviction Under PC 273a (b) Penalties

If the child was not at risk of great bodily injury or death, prosecutors typically charge child endangerment as a misdemeanor. Potential misdemeanor sentences include:

• Up to one year in county jail
• A maximum $1,000 fine
• Up to four years of misdemeanor probation, which may include conditions like a protective order, counseling, and abstaining from drugs/alcohol

Felony Conviction Under PC 273a (a) Penalties

When there is a likelihood of great bodily harm or death to the child, California Penal Code 273a becomes a wobbler offense that the prosecution can treat as either a misdemeanor or a felony. If charged as a felony, penalties may include:

• Two, four, or six years in state prison
• Up to $10,000 in fines
• Four years of formal felony probation (similar conditions to misdemeanor probation)

While on probation, you may need to report to a probation officer, submit to drug testing, and follow other rules. An attorney can tell you more about the probation department.

Sentencing Enhancements

The court can add additional and consecutive prison time if the child suffered great bodily injury (three to six more years) or died (four more years) due to the endangerment.

In extreme cases of a child’s death, prosecutors may pursue charges like involuntary manslaughter or second-degree murder instead of California Penal Code Section 273a PC.

Three Strikes Implications

A felony CA Penal Code 273a – Child Endangerment conviction resulting in great bodily injury to the child counts as a strike under California’s Three Strikes law. This law can double the sentence for a subsequent felony or lead to 25 years to life for a third strike.

The key factors driving vastly different potential penalties are whether great bodily harm or death occurred and whether the charge is a misdemeanor or a felony in the criminal court system. A Los Angeles DUI attorney can fight to mitigate the charges and sentencing consequences.

How a PC 237a Conviction Can Affect Your Family

A CA Penal Code 273a – Child Endangerment conviction can have severe ripple effects that extend far beyond just the criminal penalties. Here’s a unique summary of how such a case can impact other crucial aspects of the defendant’s family life:

The criminal proceedings could catalyze intervention from Child Protective Services and ultimately strip away child custody rights entirely. If CPS’s investigation uncovers evidence of endangerment, a family court judge may significantly restrict or even terminate parental custody as a result of the criminal charges.

In some cases, the court may issue a protective order that includes stay-away conditions or even a residence exclusion.

Common Defenses for Child Endangerment Involving DUI Charges

Every DUI child endangerment case is highly fact-specific. An exhaustive investigation by a Los Angeles criminal defense lawyer is crucial to identifying all possible defenses and suppressing any unconstitutional evidence that could result in the charges being reduced or dismissed entirely. Building a strong defense strategy will give you a chance at a favorable outcome.

When facing charges for a DUI with children in the car, there are several potential legal defenses a Los Angeles DUI lawyer may pursue:

Lack of Actual Endangerment

To violate PC 273a, the prosecution must prove the defendant’s actions actually endangered the child’s safety or health, creating a likelihood of great bodily harm or death. If no true endangerment occurred, this core element of the crime is lacking.

No Criminal Negligence

PC 237a requires criminal negligence by the accused—a higher standard than ordinary negligence. The defense may argue that the defendant’s level of inattention or poor judgment did not rise to the level of criminal negligence.

Involuntary Intoxication

If the defendant unwittingly or unknowingly ingested alcohol or drugs that caused the impairment, it could negate the required criminal negligence since it was not a voluntary intoxication.

Necessity Defense

Rare circumstances, like a medical emergency that forces impaired driving to protect the child’s life, could allow a necessary defense against endangerment charges.

Lawyers can obtain witness testimony and records documenting the emergency circumstances.

Unconstitutional Traffic Stop

If law enforcement lacked reasonable suspicion for the traffic stop, the stop could be thrown out as an unconstitutional violation of the defendant’s rights, thereby undermining the DUI evidence.

A DUI defense lawyer can file a motion to suppress all resulting evidence as violations of the Fourth Amendment’s protections against unreasonable search and seizure.

Inaccurate Chemical Test Results

Your lawyer can challenge breath, blood, or urine test results if the defense can show issues like Title 17 violations, rising blood alcohol levels, fermented samples, or other errors that skew the results.

Attorneys can analyze maintenance and calibration records, test procedures, Title 17 compliance, possible rising blood alcohol levels, fermented samples, and other factors that compromise the results.

Mouth Alcohol / GERD Defense

Certain medical conditions, like acid reflux, can cause elevated mouth alcohol readings on a breathalyzer that don’t accurately measure blood alcohol concentration.

A lawyer can validate the condition using medical records and have an expert witness explain the mouth-alcohol defense.

No Child Present

If the child was not physically present in the vehicle or in reasonable proximity to the impaired driver, PC 237a may not apply based on the specific circumstances.

A Los Angeles DUI lawyer can thoroughly investigate the incident, subpoena critical evidence, retain expert witnesses, cross-examine the prosecution’s case, leverage defenses that apply based on the facts, and fight to get charges reduced or dismissed entirely. With so much at stake, having a legal advocate is essential.

Plea Bargains for Child Endangerment and DUI Cases

In many criminal cases, including charges of child endangerment or driving under the influence, the prosecution and defense may negotiate a DUI plea bargain as an alternative to taking the case to trial.

A plea bargain allows the defendant to plead guilty or no contest to some of the charges in exchange for reduced charges, penalties, or sentencing recommendations.

For CA Penal Code 273a – Child Endangerment Charges

With PC 273a cases, prosecutors often use the threat of the harshest potential penalties as leverage to negotiate a plea deal. A DUI lawyer in Los Angeles can work to:

• Get the charges reduced from a felony to a misdemeanor
• Negotiate for no jail time in exchange for probation and counseling
• Avoid a strike on the defendant’s record by pleading to a non-strike offense
• Prevent immigration consequences by avoiding a conviction for a crime of moral turpitude
• Increase chances of retaining or regaining child custody or visitation rights

For DUI Charges

In DUI cases, common plea bargains involve pleading guilty to a “wet reckless” charge (reckless driving involving alcohol) instead of the DUI itself. A plea bargain can help:

• Avoid mandatory jail sentences that come with DUI convictions
• Prevent a DUI conviction from going on the person’s record
• Reduce applicable fines, fees, and DUI school requirements
• Minimize driver’s license suspension periods
• Prevent a “priorable” DUI conviction from staying on the record long-term

The Role of a DUI and Child Endangerment Lawyer

A Los Angeles, CA, DUI lawyer can negotiate a favorable plea deal. Lawyers can help leverage mitigating factors like:

• No prior criminal record
• Minimal blood alcohol levels
• No accidents/injuries involved
• Strong family/community ties
• Pursuit of counseling/rehabilitation

Lawyers thoroughly understand what prosecutors are willing to offer. With their strategic counsel, you can make the best decision about whether to accept a plea bargain and secure the most advantageous terms possible.

Lawyers also ensure defendants understand the full ramifications of pleading guilty or no contest, including suspended licenses, probation terms, and any future consequences of a conviction on their records.

While avoiding a trial always carries some valid benefits, defendants should think very carefully before accepting a plea bargain, as it does result in a conviction and permanent criminal record in most cases. Having legal guidance from a Los Angeles DUI or criminal defense lawyer can help you make a calculated decision.

Begin Building Your Defense Against Child Endangerment and DUI Charges Immediately

When faced with charges as serious as PC 273a or driving under the influence, it’s absolutely critical to begin building a robust legal defense strategy immediately. Valuable evidence and opportunities can be irretrievably lost or compromised by any delay in taking action.

Child endangerment and DUI charges can have life-altering consequences that can ripple across careers, families, immigration status, and more. With so much at stake, taking swift legal action is an absolute must to safeguard rights and build the strongest possible defense.

Preserving and Accessing Key Evidence

Critical evidence in these cases has a short shelf life, often disappearing or becoming tainted. An attorney needs to quickly:

• Obtain any surveillance, dashcam, or bodycam footage before it gets deleted
• Interview eyewitnesses while their memories are fresh
• Secure electronic data logs and records
• Access and test any breath, blood, or urine samples while still viable
• Photograph and document the scene before conditions change

Any delay makes this time-sensitive evidence much more difficult and costly to obtain, if not impossible, to recover. A strong early defense stance is vital.

Protecting Constitutional Rights

In the days immediately following an arrest, there are strict timelines for filing motions to suppress illegally obtained evidence that violates the defendant’s constitutional rights. Missing these windows could make key portions of the prosecutor’s case impossible to exclude.

Investigating Completely

A thorough independent investigation from the outset is crucial to uncovering all potential defenses and exculpatory evidence. Waiting allows witnesses to disappear, memories to fade, and trails to go cold on mitigating information.

Navigating Procedures Properly

The criminal justice process begins rapidly after an arrest, with bail, arraignment, and discovery procedures. A defendant proceeding alone could inadvertently make vital mistakes due to a lack of understanding.

Leverage in Negotiations

By engaging a lawyer immediately, they can start negotiating for a potential plea bargain from a position of strength. Resolutions become much harder to obtain favorably once the process advances.

Even if all the evidence seems stacked against you, critical details frequently get uncovered when a committed defense team starts working on your case right away.

Do not risk your future by delaying hiring a Los Angeles criminal defense attorney. The sooner they get involved, the better your chances of the best possible outcome.

Fighting PC 273a Charges—What to Do and Not Do

When battling serious criminal charges like CA Penal Code 273a – Child Endangerment, how you conduct yourself during the legal process can significantly impact the outcome. By maintaining complete restraint and controlling what you say and do during this process, you avoid needlessly damaging your own case and legal standing.

Dedicating yourself to making wise choices will only strengthen your defense against charges like CA Penal Code 273a—Child Endangerment and DUI, which carry severe potential penalties. Heed your lawyer’s guidance closely.

Let an attorney advocate for you appropriately while you keep a low profile. Here are some crucial dos and don’ts to keep in mind.

Follow Your Release Conditions Strictly

If you have been released on bail or probation while awaiting trial, you must follow all terms and conditions to the letter. Even a minor violation could result in the revocation of your release and new potential charges.

Obey all laws, keep up with work or school responsibilities, attend any required counseling sessions, and avoid any illegal associations or criminal activities whatsoever. Maintain an impeccable public persona and conduct yourself as a responsible citizen at all times.

Use Proper Court Decorum

When you have court appearances, be punctual and present a professional, respectful demeanor. Dress appropriately in suitable courtroom attire that is not disheveled or inappropriate.

Avoid any disruptive or disrespectful behaviors in the courtroom. Follow all orders from the judge explicitly. Adhering to proper courtroom etiquette demonstrates that you are taking the proceedings seriously.

Maintain Open and Honest Communication With Your Lawyer

The only person you should provide all details and communications to is your defense lawyer. Anything you say can potentially be used against you, even inadvertently. You should also:

• Provide your defense attorney with a completely truthful account of every detail related to your case, even seemingly minor points
• Be upfront about any potential weaknesses or unfavorable facts
• Do not hold anything back, as it will compromise your lawyer’s ability to defend you
• Follow all advice from your lawyer regarding your conduct and what to avoid

Your attorney will advise you thoroughly on all the nuances of what to do and not do as the case proceeds. Listening to their guidance while letting them handle all legal matters gives you a chance at securing a favorable resolution.

Do Not Post About Your Case on Social Media or Make Any In-Person Comments on Your Case

In our digital age, something as simple as social media posts or offhand comments can potentially damage your defense:

• Don’t post any information, opinions, or attitudes about your case online
• Don’t communicate with others about the facts of the allegations
• Don’t vent about the situation, the alleged victims, investigators, or prosecutors
• Don’t make any admissions or statements against your interest
• Don’t discuss any aspects of your case publicly outside court

The only person you should speak freely with is your defense lawyer, as attorney-client privilege protects your communications. Anything you say publicly could potentially be used to undermine your defense.

Call a Los Angeles DUI Attorney Today if You Face CA Penal Code 273a—Child Endangerment Charges

You should take your case seriously and do everything in your power to build a defense against child endangerment charges under CA Penal Code 273a – Child Endangerment.

There is too much on the line to risk a conviction of either child endangerment or DUI. You do not have to fight alone, either. You have the right to hire an attorney.

You can contact our team at Los Angeles DUI Lawyer for help getting in contact with a law firm that can handle your defense. We understand what you’re going through and want to help you find the right firm to handle your defense.