CA Penal Code 273a 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 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 charge 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.
You can be convicted of child endangerment even if the child was not hurt. It applies to any of the following:
- Directly causing bodily harm to the child
- Allowing the child to be subject to bodily harm
- Allowing the child to be put at risk of bodily harm
In a DUI case, you can be charged with child endangerment even if there was no motor vehicle accident that caused the minor child 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.
The Difference between Felony Child Endangerment Charges and Misdemeanor Child Endangerment Charges
The two versions of the law, PC 273a (a) and 273a (b), are almost identical. The difference is whether the situation was “likely” to endanger the child or not. 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 PC 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 you were arrested for DUI in Los Angeles, they could be taken away.
Additionally, you may be ordered into a one-year child abuse treatment 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, child endangerment is typically charged 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, PC 273a becomes a wobbler offense that can be filed as either a misdemeanor or 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 as misdemeanor probation)
Sentencing Enhancements
Additional and consecutive prison time can be added 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 PC 273a.
Three Strikes Implications
A felony child endangerment conviction resulting in great bodily injury to the child counts as a strike under California’s Three Strikes law. This 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 if charged as a misdemeanor or felony. A Los Angeles DUI attorney can fight to mitigate the charges and sentencing consequences.
How a Child Endangerment Can Affect Your Family
A child endangerment charge under PC 273a 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—a life-altering consequence requiring a strong legal defense.
If You Are an Immigrant
For non-citizen defendants, a child endangerment conviction also poses an existential threat of deportation from the United States. These crimes often get classified as offenses involving moral turpitude or as aggravated felonies, both grounds for removal proceedings against green card holders and visa holders. Avoiding a conviction is critical to preventing this devastating immigration impact.
So beyond just fines, probation, or incarceration, a PC 273a charge can upend normal life in numerous ways if not properly defended. Hiring legal representation can help protect your children, family unity, and even residency status. The stakes extend far beyond the creation of criminal history.
Common Defenses for Child Endangerment Charges Involving DUI Charges
Every DUI child endangerment case is highly fact-specific. An exhaustive investigation by a Los Angeles DUI lawyer is crucial to identify all possible defenses and suppress any unconstitutional evidence that could get the charges reduced or dismissed entirely. Building a strong defense strategy will give you a chance at a favorable outcome.
When facing child endangerment charges related to a DUI incident, 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.
A lawyer can undermine this by demonstrating safety precautions taken, minimal impairment levels, control of the vehicle, slow speeds in good conditions, or other mitigating factors that negated endangerment.
No Criminal Negligence
Child endangerment requires criminal negligence by the accused—a higher standard than ordinary negligence. The defense may argue the defendant’s level of inattention or bad judgment did not rise to criminal negligence levels.
A lawyer can argue the defendant’s level of inattention or impaired judgment, while unwise, didn’t rise to criminal negligence by detailing the surrounding circumstances.
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.
An attorney can gather evidence proving involuntary intoxication.
Necessity Defense
Rare circumstances like a medical emergency forcing 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, it could get thrown out as an unconstitutional violation of the defendant’s rights, undermining the DUI evidence.
A DUI defense lawyer can file a motion to suppress all resulting evidence as violations of the 4th Amendment’s protections against unreasonable search and seizure.
Inaccurate Chemical Test Results
Breath, blood, or urine test results can be challenged if the defense can show issues like Title 17 violations, rising blood alcohol levels, fermented samples, or other errors skewing the results.
Attorneys can analyze maintenance/calibration records, test procedures followed, Title 17 compliance, possible rising blood alcohol levels, fermented samples, and other factors compromising 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 through medical records/testimony and have an expert witness explain the mouth alcohol defense.
Driving Was Not Impaired
If the defense can show the defendant’s ability to drive was not actually impaired by alcohol/drugs through video, witnesses, or field sobriety test performance, it could counter allegations of endangerment.
No Child Present
If the child was not physically present in the vehicle or in reasonable proximity to the impaired driver, the child endangerment statute 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.
Penalties for DUI Convictions in California
Aside from the consequences of a child endangerment conviction, you should be prepared to face the following penalties if you receive a DUI conviction in California.
The penalties for a DUI (driving under the influence) conviction in California can vary significantly depending on the specific degree of the offense and whether it’s a first, second, third, or subsequent offense. Here are the potential punishments laid out in the following California Vehicle Codes.
Misdemeanor DUI – First Offense
For a first-time misdemeanor DUI offense with no aggravating factors, the penalties under VC 23536 typically include:
- Up to six months in county jail
- Fines ranging from $390 to $1,000 (plus penalty assessments)
- Three to nine months of DUI school
- Three to five years of probation
- Mandatory installation of an ignition interlock device for six months
Misdemeanor DUI – Second Offense Within Ten Years
If a second DUI occurs within ten years of the first, it remains a misdemeanor under VC 23540 but carries enhanced punishments such as:
- Up to one year in county jail
- $390 to $1,000 in fines (plus penalties)
- 18 or 30 months of DUI school
- Three to five years of probation
- Mandatory installation of an ignition interlock device for one year
Misdemeanor DUI – Third Offense Within Ten Years
A third DUI within a ten-year span under VC 23546 is a more serious misdemeanor offense with penalties like:
- License revocation and reissue with a two-year ignition interlock device
- 120 days to one year in county jail
- $390 to $1,000 fines (plus penalty assessments)
- 30-month DUI school
- Three to five years of probation
Misdemeanor DUI – Fourth Offense
A fourth DUI offense under VC 23550 results in felony charges carrying potential sentences of:
- License revocation with four years of mandatory installation of an ignition interlock device
- 180 days to one year in state prison
- Up to $1,000 in fines (plus penalties)
- 30-month DUI school
Felony DUI Causing Injury
If a DUI results in injury to another person, it becomes a felony under VC 23153 with penalties such as:
- 16 months, two years, or three years in state prison
- Four-year license revocation with mandatory installation of an ignition interlock device
- $390 to $5,000 in fines (plus penalty assessments)
- Restitution to any victims
In addition to the penalties above, all DUI convictions result in a ten-year probationary period during which a subsequent offense carries enhanced punishments. DUIs can also bring enhancements if there was excessive blood alcohol, a child under 14 was a passenger, or for driving over 20+ MPH over the speed limit.
With a Los Angeles DUI lawyer, there are opportunities to negotiate reduced charges or penalties in some cases. An attorney can present mitigating factors, argue for probation over jail time, and ensure all your rights are protected at each stage. However, repeat offenses and cases involving injury make it much more difficult to avoid severe consequences.
Penalties increase exponentially with each successive DUI, ultimately leading to felony charges that carry lengthy prison sentences, so avoiding a conviction or keeping offenses separated by ten or more years is crucial. A DUI defense is invaluable for anyone charged with this serious offense in California.
Other Ways A DUI Conviction Can Negatively Affect Your Life
A DUI conviction can have far-reaching, negative impacts that ripple across multiple aspects of one’s life beyond just the immediate criminal penalties. Here are some of the other major ways a DUI can derail personal, professional, and academic pursuits:
Employment Consequences
Many employers perform background checks, and a DUI on your record can be a huge red flag, especially for jobs involving driving, operating machinery, or working with children/vulnerable populations. It could prevent you from getting hired or potentially lead to termination from your existing job, depending on the employer’s policies.
Loss of Professional Licenses
Certain professional licenses and credentials can be suspended or revoked due to a DUI conviction. This includes commercial driver’s licenses (CDLs), as well as licenses for nurses, doctors, lawyers, pilots, military personnel, and other careers where a DUI is considered a violation of ethics or public safety.
Academic Repercussions
College students convicted of a DUI could face discipline from their university, including probation, loss of scholarships/financial aid, removal from campus housing, or even suspension or expulsion in serious cases. It can jeopardize their entire academic career.
Financial Burdens
The fines, court costs, attorney fees, higher insurance rates, and other monetary penalties of a DUI can put a huge financial strain on someone, easily running into the thousands or tens of thousands of dollars in total costs.
Travel Restrictions
A DUI conviction can create headaches for international travel, even just to visit Canada or Mexico. Many countries deny entry to those with DUI convictions on their record within a specified time period.
Loss of Vehicle and Driving Privileges
Licenses can be suspended or revoked, making it extremely difficult to get to work, school, and appointments. It can be exhausting to go about normal life without driving privileges. Your vehicle may also be impounded, or you may be required to install an ignition interlock device.
Difficulty Finding Housing
Potential landlords and residential communities often perform background checks, and a DUI conviction may cause them to reject an application based on the perceived risk the conviction represents.
Stigma and Embarrassment
On a personal level, a DUI carries a strong social stigma of irresponsibility and poor judgment. It can strain relationships with family and friends and make the person feel ashamed, depressed, or anxious.
The negative impacts are extensive and can follow someone around for years or even decades after a DUI incident through restrictions, financial hardships, public records, and missed opportunities. Having a Los Angeles DUI lawyer provide a defense from the start is crucial to avoid these collateral consequences that can derail one’s life in so many ways.
Plea Bargains for Child Endangerment and DUI Cases
In many criminal cases, including charges of child endangerment under PC 273a 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 Child Endangerment Charges
With child endangerment 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 child endangerment 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/visitation rights
For DUI Charges
In DUI cases, common plea bargains involve pleading guilty to a “wet reckless” charges (reckless driving involving alcohol) instead of the DUI itself. This 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
They thoroughly understand what prosecutors are willing to offer versus take to trial on various charges. 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 all ramifications of pleading guilty or no contest, including suspended licenses, probation terms, and any future consequences of a conviction on their record.
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 child endangerment under 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 before it disappears or becomes 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 before they are overwritten
- 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 violated the defendant’s constitutional rights. Missing these windows means key portions of the prosecutor’s case may become 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 starts rapidly after an arrest, with issues like bail, arraignment, and discovery procedures. A defendant proceeding alone could inadvertently make vital mistakes from 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 Child Endangerment and DUI Charges—What to Do and Not Do
When battling serious criminal charges like child endangerment or DUI, 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 smart choices will only help strengthen your defense against charges like CA Penal Code 273a—Child Endangerment and DUI that 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, it is absolutely imperative that you follow all terms and conditions to the letter. Even a minor violation could result in your release being revoked and potentially new charges being filed.
Obey all laws, attend work/school responsibilities, make 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. Having the proper courtroom etiquette demonstrates 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 off-hand 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.
With so much at stake in child endangerment and DUI cases, critical mistakes made outside the courtroom could irreparably damage all the hard work done by your defense team inside the courtroom. Remain proactive yet disciplined in your approach.
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. 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.
Contact a Los Angeles DUI lawyer for help with your defense. You can take advantage of a free, confidential consultation.
