Is Child Endangerment a Felony or Misdemeanor?

Child endangerment is a crime. It generally involves putting a child in a harmful or dangerous situation. Whether it's a felony or misdemeanor depends on several factors, including the specific circumstances of the case and the laws of the state where the offense occurred.

In this article, we explore these considerations to better understand some key principles.

For starters, it’s helpful to note that most child endangerment cases are handled at the state level. Each state has its own laws and definitions that govern child endangerment charges and penalties. So, whether child endangerment is considered a misdemeanor or felony charge will depend heavily on the state.

What are Misdemeanors and Felonies?

Misdemeanors and felonies are the two main types of criminal charges in the United States.

Misdemeanors

States typically charge less serious crimes as misdemeanors. This can mean lighter punishments, such as fines or shorter jail time (often less than one year in county jail).

Felonies

Conversely, felonies are more serious crimes. They generally lead to harsher punishments. These could include longer prison time (typically more than one year in state prison) and more significant fines.

Child Endangerment Charges

Whether a state charges child endangerment as a felony or misdemeanor often depends on:

• The level of danger to which the child was exposed
• Whether any harm actually occurred

All states have both misdemeanor and felony charges for child endangerment.

Who Can Be Charged?

States can bring child endangerment charges against anyone who has accepted responsibility for the care, control, and custody of a child.

This may include:

• Parents or legal guardians
• Caregivers (babysitters, daycare workers, teachers)
• Any adult responsible for a child's welfare

Of course, the laws vary from state to state. But they generally allow child endangerment charges against anyone who has a duty of care towards a child and fails to protect them from harm.

Misdemeanor Child Endangerment

Prosecutors often bring misdemeanor charges for conduct that involves a child being put at risk if the danger isn’t extremely severe.

Some examples might include:

• Leaving a young child alone in a car for a short time
• Allowing a child to play in an unsafe area without proper supervision

Some states have laws that allow prosecutors to charge child endangerment as either a misdemeanor or a felony, depending on the specific details of the case.

Felony Child Endangerment

The states tend to bring felony charges when the situation is more serious and puts the child at substantial risk of harm or death. Physical injury isn’t generally required.

Some states will increase a child endangerment charge if mental suffering or other effects on their mental health are involved.

Felony child endangerment can include:

• Leaving a child alone for an extended period without proper care
• Driving under the influence of alcohol or drugs with a child in the car

It's important to remember that acts considered a misdemeanor in one state could be a felony in another. So, you’ll want to work with a criminal defense lawyer who’s got a strong understanding of the penal code in the state bringing the charges.

Other Charges

States may file child endangerment charges alongside other criminal charges. For instance, if someone drives under the influence with a child in the car, they might face both DUI and child endangerment charges.

Sometimes, states charge incidents of domestic violence that occur in the presence of children as child endangerment. This can result in the state bringing both domestic violence and child endangerment charges at the same time.

Drug Involvement

Drug charges may also accompany child endangerment charges.

For example, the California penal code regards placing a child where drugs are within their reach as endangering the child.

The Texas penal code says manufacturing, possessing, or consuming methamphetamine in front of a child is a form of child endangerment.

Not surprisingly, both these examples involve the states bringing drug charges with child endangerment charges.

Prior Convictions

Many states also have criminal laws that increase the severity of the charge based on certain factors.

For example, if the person accused of child endangerment has prior convictions for similar offenses, they may face felony charges for conduct otherwise considered to be a misdemeanor.

Prior convictions may also result in harsher penalties.

Defenses

In some cases, you may be able to assert a legal defense to child endangerment charges. These, too, will depend on state law.

They might include:

• Lack of intent to harm the child: The actions were accidental, or the accused was unaware of the potential danger
• False accusations: The charges were based on false allegations, or the accusations were unfounded
• Parental rights: The actions were within a parent’s right to discipline or care for their child, provided they didn’t cross the line into child abuse or child neglect

A strong defense can help you secure a more favorable outcome. You’ll want to obtain legal advice tailored to your specific circumstances to evaluate available defenses.

Child Endangerment Convictions

Most child endangerment cases are resolved by plea agreement. A criminal defense attorney may be able to negotiate a plea deal with the prosecutor to reduce your charges and/or penalties.

Pleading your charges or penalties down may seem like the most appealing option. But it usually requires you to plead guilty, which will subject you to a conviction.

Some cases go to trial. If they do, the prosecutor needs to prove the charges beyond a reasonable doubt. This is an extremely high standard of proof, but it must be met in order to obtain a misdemeanor or felony conviction.  

It still may be your best option. But these stakes are high.

Proper legal representation can help you decide how to proceed.

Getting Legal Assistance

The states tend to take offenses that affect the well-being or welfare of a child seriously.

You’ll want to share the specifics of your case confidentially with a trusted advisor. A criminal defense attorney will apply the relevant laws to your circumstances and explain your options to you.

But remember: The legal landscape surrounding your charges is highly state-specific. So, it’s critical you work with someone licensed in the state bringing the charges.

Facing criminal charges of any kind can be overwhelming. Finding someone to help you doesn’t have to be.

Findlaw’s directory of dedicated criminal defense attorneys can get you started. Just click on the state to view local lawyers who can walk you through your next steps.