Why You Need A Felony Lawyer For A Child Endangerment Case
Any adult who is caring for a child has the legal responsibility to make sure that the child is protected from any dangerous situation. If the police believe that you are not properly protecting a child, you might be arrested under a crime known as child endangerment. This is a crime that can be punished as either a misdemeanor or a felony. If you are facing felony charges, it is imperative that you speak to a felony lawyer.
What Constitutes Child Endangerment?
To be charged with child endangerment, you must have been caught placing a child in an unhealthy, dangerous, or inappropriate situation. A common example of child endangerment is the act of driving under the influence while a child is in the vehicle.
The child does not have to become injured for the action to be considered child endangerment. The prosecutor simply needs to prove that the child could have been in danger when the charge has occurred.
How to Have My Charges Dismissed?
A child endangerment charge is based on what a reasonable person would do. It does not matter if you thought that the situation was dangerous. The courts would ask what a reasonable person would do in your situation and will base the charge on the extent to where you deviated from this standard.
Therefore, a felony lawyer might argue that your actions were not necessarily unreasonable. For example, if you had your child watched by a service staff member at a restaurant while you go to turn the lights off on your car, and your child ended up wandering away and becoming lost, a felony lawyer might argue that you did not expose your child to a dangerous situation.
What are the Consequences of Child Endangerment?
If you are charged with felony child endangerment, you might find yourself facing significant jail time, fines, and probation. Worst of all, you might risk having your parental rights terminated. If there is another parent, they might retain their parental rights. If there is no other parent, the courts might appoint a guardian for your child.
While your child does not have to become injured to be charged with child endangerment, this might be a factor taken into consideration when the judge is determining your punishment. Every situation is different, and you will need to speak with an attorney who can examine your case and provide you with advice on how to move forward. For more information, contact a felony lawyer, such as Peter A. Garin, Attorney At Law, near you to learn more.