Child endangerment allegations in Murrieta rarely stay confined to a criminal courtroom. A single incident can trigger a Riverside County Department of Public Social Services investigation, affect a pending custody case, and result in criminal charges all at once. We handle the criminal side of these cases while helping clients understand how the pieces fit together.
What Penal Code 273a Actually Covers
Penal Code 273a is written broadly, and that breadth is exactly why so many people are surprised to find themselves charged. The statute reaches three distinct situations:
- Willfully causing or permitting a child to suffer unjustifiable physical pain or mental suffering.
- Willfully causing or permitting injury to a child while having care or custody of them.
- Willfully placing a child in a situation where their health is endangered — even if no injury actually results.
Notice what’s missing from that list: an actual injury. Prosecutors can — and do — file charges based purely on a dangerous situation, such as a child left near an unsecured firearm, in a vehicle, or in the care of someone with a known history of abuse.
Situations That Commonly Lead to Charges in Murrieta
- A DUI arrest with a child in the vehicle
- Leaving a young child unattended at home or in a car in the Temecula Valley heat
- A domestic violence incident that occurred in a child’s presence
- Unsafe or unsanitary living conditions reported by a mandated reporter, such as a teacher or pediatrician
Misdemeanor or Felony? The “Wobbler” Decision
Child endangerment is what California calls a “wobbler” — prosecutors can file it as either a misdemeanor or a felony. The deciding factor is usually whether the circumstances were likely to produce great bodily injury or death. A momentary lapse in judgment is treated very differently than a pattern of dangerous conduct or serious injury.
What the Prosecution Has to Prove
To convict, the district attorney must establish, beyond a reasonable doubt, that:
- The child suffered — or was placed at risk of — physical pain, mental suffering, or injury.
- The defendant’s conduct was willful, meaning done on purpose, not simply careless or accidental.
- The defendant’s conduct was criminally negligent — reckless conduct that a reasonable person would recognize as dangerous.
Defenses We Raise in Riverside County Courts
The discipline was reasonable
Parents are legally permitted to discipline children. The question a jury has to answer is whether a specific method crossed the line into unreasonable force — a fact-specific inquiry, not an automatic conviction.
There was no willful act
If a caregiver you hired, without your knowledge, left your child in an unsafe situation, that may not be attributable to you at all.
The conduct wasn’t criminally negligent
An honest mistake or a brief lapse in judgment is not the same as the reckless disregard for safety the statute requires.
The allegation surfaced during a custody dispute
Family law conflicts sometimes produce exaggerated or false endangerment reports. We routinely coordinate with family law counsel when a criminal case and a custody case are running in parallel.
Penalties If Convicted
Misdemeanor: up to one year in county jail and a fine of up to $1,000.
Felony: two, four, or six years in state prison and a fine of up to $10,000, with the sentence increasing further if the child suffered great bodily injury.
The Consequences Extend Beyond the Courtroom
A conviction — or even a pending charge — can be used against you in a Riverside County family court custody proceeding and can trigger a parallel CPS investigation that affects visitation long before the criminal case is resolved. That’s why we move quickly to address the criminal matter and, when needed, connect clients with family law resources early.
Speak With a Murrieta Child Endangerment Attorney
If you’re under investigation or have already been charged, don’t answer questions from CPS or law enforcement without legal counsel present. Contact Sevens Legal Criminal Lawyers to discuss your options.