Orange County Domestic Violence: Willful Harm Or Injury To A Child

Law Offices of EJ Stopyro
Orange County Domestic Violence Attorneys
Criminal Defense Attorneys in Orange County

Section 273a of the California Penal Code, one of California's domestic violence laws, makes it a crime to cause or permit a child (someone under 18-years of age) to suffer unjustifiable physical pain or mental suffering. This is often called a child endangerment statute. Moreover, if someone has the care or custody of a child, section 273a makes it a crime to willfully cause or permit that child to be placed in a situation where the child’s person or health is endangered. (for example, a child in a car during a DUI stop or a child living in a house that is used for manufacturing drugs) This statute is one of several domestic violence laws in California and any domestic violence lawyer in Orange County will tell you that it is a “wobbler”, meaning that it can be charged as a felony or as a misdemeanor.

Whether this domestic violence statute is charged as a felony or a misdemeanor is up to the Orange County District Attorney (DA). The factors considered by the DA in deciding how to charge include:

• Whether, under the circumstances, the child suffered, or could have suffered, great bodily injury;
• Whether the defendant has any prior domestic violence or assault and battery convictions;
• The extent of the injury to the child or the degree of danger that the child was placed in;
• Whether the defendant has any prior instances of uncharged domestic violence or child abuse;
• Whether drugs and/or alcohol were involved in this instance of child endangerment;
• Whether the defendant is charged with other crimes in addition to this count of domestic violence.

It is important to note that under this domestic violence law the child need not suffer any actual injury in order to convict a defendant. Domestic violence attorneys in Orange County know that merely placing or allowing a child to be in a situation where harm is likely to follow is sufficient to sustain a conviction for this domestic violence offense.

Domestic violence lawyers also know that those convicted of felony domestic violence under this section face up to six years in prison. Moreover, if the child did suffer great bodily injury, an additional three to six year prison term will be tacked on to run consecutively. A felony conviction for child abuse under this section also mandates a minimum of four years of formal probation, a child abuser’s treatment program of at least a year in duration, a protective order or restraining order protecting the victim from further acts of violence of threats and, possibly, a stay-away order forbidding any contact between the victim and the offender. (If this is issued the offender can no longer reside with the child). Also, if drugs or alcohol were involved, the defendant will be ordered to abstain from use of the substance during the length of probation and will be subject to random testing.

A misdemeanor conviction for child abuse under this section will mandate the same terms above except there is a one year maximum of jail time in the Orange County Jail and the probation will be informal probation.

If you have been arrested for domestic violence, including child abuse or child endangerment, it is important that you consult with an experienced Orange County criminal defense lawyer who handles domestic violence and child abuse cases. Call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

Domestic Violence Lawyers in Orange County
Orange County Domestic Violence Defense Attorneys