Adults who have authority over a child, such as parents, caretakers, and guardians, have an obligation to avoid putting them at risk of injury. Placing children in risky or dangerous situations can lead to child endangerment charges.
A child endangerment charge should be taken seriously and be handled by a skilled criminal defense attorney. If convicted, you can face jail time, fines, loss of custody rights, and other penalties. Before you decide to plead guilty, discuss your case with a Rochester child endangerment lawyer.
Child endangerment is defined under Minnesota Statutes § 609.378. This law applies to parents, guardians, or caretakers responsible for overseeing a child’s health and well-being. A conviction may occur if one of these parties intentionally or negligently puts a juvenile at risk of physical, emotional, or mental harm.
Various circumstances can lead to child endangerment. Generally, it is illegal to deprive a child of the following basic needs:
The law also applies to cases where a person fails to provide supervision appropriate for a child’s age. For example, a newborn requires significantly more supervision than a teenager.
A person may also be charged with child endangerment if they place a child in a situation where they are likely to be harmed or exposed to drugs. An attorney in Rochester can defend an individual against any child endangerment charges and pursue the best possible outcome.
An attorney in Rochester may explore several defense strategies for a child endangerment case.
In cases involving the failure to provide a child with basic necessities like food or shelter, a criminal charge is only appropriate when the adult is reasonably able to make those provisions. In other words, it is not a crime if a parent lacks the resources to provide for basic necessities. However, it is important to note that the state can take away a person’s custody if a child is not sufficiently being cared for.
In most cases, child endangerment is a crime of intent. This means a person must have a certain mindset to be guilty of endangering the welfare of a child. For example, in cases involving drug exposure, the state must show they knowingly caused a child to be present during the sale or manufacture of drugs. For physical endangerment, the individual must have intentionally or recklessly put the child at risk of physical harm. An effective defense strategy is highlighting the lack of intent.
Ultimately, the state has the burden of proving that a person neglected a child in their care. Often, the best defense is to prove that the state has insufficient evidence.
During an initial consultation, a credible lawyer can review your case, explain your potential legal options, and determine the most effective defense strategy for your case. They can dispute the charges to avoid a conviction or advocate for reduced charges, depending on the specific circumstances of the case.
If you have been accused of putting a juvenile at risk, it is vital to seek the assistance of an accomplished attorney. A Rochester child endangerment lawyer can help you fight for the best possible outcome. Call Kohlmeyer Hagen, Law Office Chtd. today to discuss your legal options during a confidential consultation.
