Three Strikes Law Implications
You may have read that any felony child endangerment counts under the Three Strikes law. It’s more specific than that. Child endangerment isn’t on California’s list of serious felonies by itself. But a felony becomes a serious felony, and counts as a strike, if you personally caused great bodily injury to someone (PC 1192.7(c)(8)). A strike stays on your record and makes the sentence for any future felony much longer.
So a felony 273a case where the child was badly hurt can carry a strike. A case where the child was only put at risk usually doesn’t.
Defenses to Child Endangerment Charges: Can You Beat a 273a Charge?
Sometimes, yes. Some common defenses to child endangerment charges include lack of willfulness or criminal negligence and the argument of reasonable discipline. Which one fits depends on the facts, the police report and what witnesses say.
Lack of Willfulness or Criminal Negligence
One possible defense when facing child endangerment charges is the lack of willfulness or criminal negligence. In cases where harm was caused unintentionally or by accident, showing that this was an ordinary mistake, not a reckless one, can make a real difference in defending against child endangerment charges.
Say your 4-year-old slips out the back door and wanders down the street while you’re cooking dinner. A neighbor calls the police. You didn’t choose to leave your child alone, and kids slip away from careful parents all the time. That points to an accident, not criminal negligence.
Reasonable Discipline
Reasonable discipline can be a defense against child endangerment charges. It is often associated with parental rights and can help protect parents who are accused of child abuse or neglect.
Under California’s CALCRIM 3405 jury instruction, a parent is not guilty if a reasonable person would find the punishment was needed and the force or method used was reasonable. The prosecutor has to prove it wasn’t. A swat on the bottom after a child runs into the street is very different from hitting a child with a belt hard enough to leave welts.
Other defenses
- The danger wasn’t serious enough for 273a(a): If the risk of great bodily harm wasn’t high, your lawyer can push to have a felony charge treated as the lower 273a(b) misdemeanor.
- False or exaggerated claims: These charges sometimes come up during custody fights or breakups, when one parent has a reason to make the other look bad. Texts, timelines and witnesses are often the key to defending yourself against false accusations like these.
- You didn’t have care or custody: Some parts of 273a only apply to someone who was responsible for the child at the time.
Reducing a felony to a misdemeanor
Even if a 273a(a) case is filed as a felony, a judge can reduce it to a misdemeanor under PC 17(b). This can happen at sentencing or later, often after you finish probation. A misdemeanor on your record is much easier to live with than a felony, and it doesn’t carry a strike.
How Does Child Endangerment Affect CPS and Child Custody?
For most parents, this is the scariest part. A child endangerment case can move on more than one track at the same time:
| Track | Who runs it | What’s at stake |
|---|---|---|
| Criminal case | The District Attorney, in criminal court | Jail, probation, a criminal record |
| Child welfare (CPS) case | The county’s child welfare workers, and sometimes juvenile court | Whether your child can stay in your home |
| Family court custody | A family court judge, if parents are separated or divorcing | Custody and visitation |
These tracks are separate. Winning one doesn’t automatically end the others. A criminal case can be dismissed while a CPS case is still open, and the reverse can happen too.
In family court, the judge decides custody based on the child’s best interests. Under Family Code 3011, that includes the child’s health, safety and welfare, and any history of abuse by a parent. A child endangerment conviction, or even the facts behind the charge, can come up in that decision. A criminal protective order can also limit contact with your child while the case is open.
If a social worker contacts you, stay calm and be polite. But talk to a lawyer before you give a detailed statement about what happened, because you may be dealing with a criminal case and a CPS case at the same time.
Related Charges and Consequences
Child endangerment is a serious offense that can lead to related charges and consequences. In addition to child endangerment, individuals may face child abuse or neglect charges. These charges focus on the physical and emotional harm caused to children due to the actions or inactions of their caretakers.
Here are the ones that come up most often alongside a 273a case:
| Charge | What it covers | Penalty range |
|---|---|---|
| PC 273d, corporal injury to a child | Cruel punishment, or an injury that leaves a mark or condition like a bruise or swelling | Up to 1 year in county jail, or 2, 4 or 6 years as a felony, plus a fine of up to $6,000 |
| PC 270, failing to provide for a child | A parent who willfully doesn’t provide food, clothing, shelter or medical care | Misdemeanor: up to 1 year in county jail and a fine of up to $2,000 |
| DUI with a child under 14 in the car (VC 23572) | Extra punishment added to a DUI conviction | For a first DUI, 48 more hours in county jail that can’t be suspended |
The difference between 273a and 273d trips people up. Child endangerment is about risk. PC 273d is about an actual injury, usually from physical punishment. If you’re facing a 273d charge or a broader abuse investigation, a Bakersfield child abuse lawyer can step in before charges are filed, which is often when it matters most. And if the case started with a traffic stop, a DUI with a child in the car is handled with help from our DUI defense team, because you’ll be fighting both charges at once.
Child Endangerment Cases in Bakersfield and Kern County
In Kern County, child endangerment cases usually start one of two ways: police respond to a call, or a report comes in to the county’s child protection hotline. The Kern County Department of Human Services runs Child Welfare Services, which investigates reports and decides whether a child is safe at home. That investigation runs separately from any criminal case.
If charges are filed in Bakersfield, the case is usually heard at the Kern County Superior Court’s Metropolitan Division, 1415 Truxtun Avenue. Both misdemeanor and felony cases are heard in that building.
A few local situations come up again and again:
- Summer heat: Bakersfield summers are hot, and a parked car heats up fast. Leaving a child in a car “just for a minute” is exactly the kind of situation that can turn into a 273a charge, even for a careful parent.
- DUI stops on Highway 99 or Highway 58 with kids in the back seat, which can lead to both a DUI and a child endangerment charge.
- Calls to a home during an argument, where police find children present.
If the judge issues a criminal protective order, follow it exactly, even if the other parent invites you over. Breaking it is its own misdemeanor, with up to a year in jail (PC 166(c)(1)), and a violation of a restraining order can make your child endangerment case much harder to resolve.
Child Endangerment in California: Common Questions
Is child endangerment a felony in California?
It can be. PC 273a(a) is a wobbler, so it can be filed as a felony when the situation was likely to cause great bodily harm or death. PC 273a(b) is always a misdemeanor.
What happens for a first offense of child endangerment in California?
There’s no special “first offense” rule in the law. A first case can still be filed as a felony if the danger was serious. That said, a clean record helps. It can support asking for a 273a(b) misdemeanor instead of a felony, probation instead of jail, or a PC 17(b) reduction later. If you get probation, expect the required terms: at least 4 years of probation and a one-year treatment program, unless the judge waives them.
Is there a statute of limitations for PC 273a?
Yes. The statute of limitations is the deadline to file charges. For a misdemeanor, the DA generally has 1 year (PC 802). For a felony, it’s generally 3 years (PC 801).
Can a child endangerment charge be dropped?
It’s possible. The DA decides whether to file charges at all, and can later reduce or dismiss them if the evidence is weak. Your lawyer can also present facts the police report left out, like a doctor’s note, a witness or a timeline. No one can promise a dismissal, but these cases are often decided by details, and the early stage is when you have the most room to shape them.
Facing a Child Endangerment Charge?
If you need help with a child endangerment case, contact David L. Faulkner today. We’ll look at what happened, explain how 273a(a) and 273a(b) apply to your facts, and help you deal with the criminal case while CPS or family court questions are still open. Contact us or call (661) 324-4777 for a free consultation.
