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Child Endangerment Archives

Can Child Endangerment be charged with an Oceanside DUI?

Yes, criminal child endangerment, California Penal Code 273a(a) or PC 273a(b) can be charged with a an Oceanside DUI or any DUI.  Just by having the care or custody of a child and placing the child in a situation where the child could be injured is sufficient for the misdemeanor criminal charge.  Driving under the influence of alcohol and/or a drug with a child in the car usually results in child endangerment charges even if the child is in a car seat or properly seat belted in the vehicle.  This charge can be a felony if the child is willfully placed in a situation "under crircumstances likely to produce great bodily injury or death"  even if they do not suffer actual injury.

What is Child Endangerment?

Child endangerment is endangering a child and can be a felony or misdemeanor depending in how severe the danger was to the child. This crime is serious and can have far reaching effects on someones record, career, child custody and visitation.  It does not matter if their are injuries or not for purposes of filing the charges, injuries do matter as far as plea bargaining and sentencing.  It is the putting a child in a situation where they are likely to suffer great bodily injury or death which is a felony, and a misdemeanor for circumstances are not likely to result in great bodily injury or death.  For the actual law and elements of this offense, see California Penal Code 273a(a) and (b)

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