Parents and legal guardians are responsible for caring for their children’s necessities. Children require food, clothing, shelter, and medication to survive. However, some parents do not take this legal requirement seriously, causing their children to suffer and sometimes lose their lives. It is a crime not to provide for a child’s necessities. Prosecutors charge child neglect, a serious offense with severe penalties for the convicted. It can result in a lengthy time behind bars, a court fine, and severe consequences like a criminal record.
Knowing that you deserve legal guidance, representation, and defense if the prosecutor files child neglect charges against you in Fresno is crucial. You could have a legal reason why you cannot provide for a child's survival needs. At California Criminal Lawyer Group, we can help you convince the jury of your innocence and have the judge reduce or drop your charges.
An Overview of Child Neglect
The law considers minors incapable of providing for or protecting themselves. Parents of minors must ensure that their children are well taken care of. They do that by ensuring that the child has adequate necessities to survive. Children cannot work to buy food, clothing, shelter, and medication. A parent is responsible for ensuring that their children have these necessities throughout their lives for good growth and development. Sadly, that does not always happen. Cases of neglected children are all over the news today. The police are vigilant and ready to act quickly against any parent facing accusations of neglecting a child.
If you have child neglect charges against you, it helps first to take time to understand what your charges mean and their legal implications. Prosecutors bring child neglect charges against any parent or guardian who fails to furnish the child's necessities, like clothing, food, shelter, and medication. The parent must have acted without a lawful excuse. Even though the crime is mainly a misdemeanor, a conviction can impact your life. For example, your arrest and conviction records will remain on your criminal record for all to see. Anyone running a background check on you will see it and use it to judge your character.
A conviction under PC 270 will affect your reputation, too. It could also affect your relationship with your loved ones. Some parents lose their parental rights immediately after their arrest for child neglect. Fighting your charges during trial is necessary to avoid a conviction. That way, you will retain much, including your reputation, time, and loved ones.
Child neglect laws apply to parents and legal guardians who act willfully and without a valid excuse to supply their child’s necessities and remedial care. Here are examples of actions or omissions the law considers child neglect:
- A parent failing to take their seriously-ill child to see a doctor.
- A mother who fails to provide adequately warm garments for a child during winter.
- A single father who does not sufficiently feed his son even when he has sufficient means to do so.
Child Neglect Legal Definition
PC 270 gives us a detailed meaning of child neglect. According to it, a parent (or anyone who was declared a parent by a court order) who willfully fails to furnish their child with life necessities like clothes, food, shelter, and medical care without a legal excuse is guilty of a misdemeanor offense, punishable by time in jail and a court fine. The prosecutor must demonstrate the following elements of the crime for the court to give a guilty verdict under this law:
- That you are the legal parent of a particular child.
- You failed or neglected to furnish the child with a basic necessity.
- You acted willfully and without a valid excuse.
Let us delve deeper into the meaning of this offense to understand it better:
Who is a Parent?
The first element of this offense that the prosecutor must demonstrate for the court to give a guilty verdict for child neglect is that you are the victim’s parent. It is necessary to understand who the law considers a parent.
As used under this statute, a parent varies from one situation to another. The legal definition of a parent is comprehensive, encompassing all people with legal responsibility for any other relationships with children. A parent is not just the child’s biological mother or father. People who could have child neglect charges against them as parents include the following:
- The victim’s biological mother or father.
- A husband whose wife conceived through artificial insemination, even if they did not participate in the process but gave their consent.
- A biological parent who is not in touch with their child, even if the other parent is to blame for the lost contact.
- Two people who had a child together, even if they never married or are divorced.
However, if your parental rights were nullified through a court order, you are not considered a child’s parent, even if you are their biological parent. In that case, you can not have child neglect charges leveled against you.
If you are not a child’s biological parent, but a criminal or civil court makes a ruling declaring you a child’s parent, you can be held responsible if you neglect that child.
If, after divorce, the other parent was given sole custody of your child, the law still considers you their biological parent. In that case, you can have child neglect charges filed against you if you fail to supply the child’s necessities.
Who is a Child?
The law considers children to be individuals who have not attained the legal age of 18. Thus, if your child is 17 or younger, you are responsible for providing their necessities. You can have child neglect charges against you if that child does not have all the essentials to survive.
What Are Basic Necessities?
Necessities refer to what a child requires to survive. They include food, shelter, clothing, medical care, and remedial care.
Children require food to survive. The food must be adequate and in a balanced diet. Feeding your child occasionally, providing insufficient food, or not buying them food at all can result in criminal charges under this law.
Children require adequate clothing to survive. They need clothes appropriate for all occasions. For example, your child needs warm clothes for the cold seasons and light clothes for the warm seasons.
Parents must also provide a safe and sufficient shelter for their children. They deserve to live in a spacious, well-ventilated, and safe house. The house should be clean and have the basic amenities the children need, including a kitchen to prepare food and a bathroom. However, it does not mean you must rent or buy a big house to avoid child neglect charges. A small space is sufficient if it provides everything the child needs to survive.
The prosecutor will file child neglect charges if you fail to provide medical assistance to your sick child. While it is not illegal to take your child to a hospital for medical care, you could face prosecution for not caring when your child falls sick. If you believe in something other than modern medicine, there should be evidence that you sought services like traditional healing or remedial care for your ailing child.
Willful Act
Parents who face persecution under this law are those who willfully fail to provide for their children. Acting willfully means that you are aware of your responsibility as a parent to provide, but you intentionally fail to do so. If your actions were not deliberate, the prosecutor could not prove all of this crime, and the judge would drop your charges.
Without a Valid Excuse
In addition to acting willfully, you must not have a legal excuse for the court to deliver a guilty verdict. A reasonable excuse means you can explain your reason for failing to provide. For example, you need more money to afford everything your child requires. That would be the case if you are facing financial difficulties following a job loss or an emergency requiring a lot of money, like a medical emergency. If you lack a valid explanation for failing to provide one, the jury will find you guilty under PC 270.
Proof of Child Neglect
Child neglect cases are usually not based on one incident whereby you failed to provide for your child's needs. The prosecutor must demonstrate instances where you have not provided your child’s necessities. For example, if your child has been living on the streets for a week, several weeks, or months, or changes in your child’s health, that could suggest that they have not been eating enough for a couple of days.
The police will investigate your financial situation to determine whether your actions were willful or accidental. If you have an income, receive benefits or gifts from family or friends, or have assets that bring you revenue, the prosecutor will use that as evidence of your ability to provide.
Note: If your child is sick and you sought remedial care from a recognized religious denomination, the prosecutor’s child neglect charges will not hold. But if your child's health worsens after a long period of receiving remedial care, the law requires you to seek medical assistance for them. You can have child neglect charges filed against you for not doing so and putting a child's life in danger.
Indications of Child Neglect
Most cases of child neglect are reported by relatives, neighbors, teachers, the clergy, and anyone close to the victim and the victim’s family. The people who file these reports with the police do so after observing some signs. Usually, these reporters lack solid evidence to support their child neglect claims. That is why the police have to investigate some of these cases before making an arrest.
Public members are urged to look for signs of child neglect and report them immediately to the police. People can quickly tell that a child is suffering from their physical appearance. Some victims of child neglect are always hungry, miserable, and physically malnourished. A starving child will always show signs of hoarding food or seeking food. They could appear smaller in height and weight than their peers of the same age.
Child neglect victims could also have unclean or poorly fitting clothes. Sometimes, they wear clothes that do not cover their bodies well or are inappropriate for a particular weather. A child not well cared for could show signs of poor hygiene, dirty skin, unwashed hair, or a distinct body odor. They could have physical injuries or illnesses that have been ignored for a long time. The prosecutor will demonstrate these physical indications as evidence of child neglect.
Children without adequate mental and emotional care will show frustration, anger, and rebelliousness. Sometimes, they miss school and are always indoors, with minimal interaction with others.
Other signs of child neglect include children being left by themselves for prolonged periods, those who fend for themselves, and those living on the streets.
Possible Penalties for a Child Neglect Conviction
You will face misdemeanor charges for not furnishing your child with necessities. If the prosecutor successfully proves all elements of the offense and the judge delivers a guilty verdict, you could receive the following penalties:
- Misdemeanor probation.
- A maximum of one year in county jail.
- A fine of $2000.
The prosecutor can bring felony charges against you if a court declares you a child’s parent and you still do not furnish their necessities. A felony conviction will attract a longer jail sentence and a heftier court fine.
The judge could sentence you to summary probation instead of giving you a jail sentence. It means serving your sentence out of custody. You can carry on with your daily life as you serve your sentence. You will also receive probation terms and conditions to adhere to throughout the probation period. Examples include:
- Not facing arrest or criminal charges while on probation.
- Taking part in community service.
- Submitting periodic progress reports to the court.
- Adequately providing for a child.
- Paying restitution to ensure that your child requires treatment and counseling if needed.
You will face grave consequences if you violate any of the probation terms the judge gave. If so, the judge will set stricter conditions or cancel your probation. If the latter happens, you will serve your entire sentence behind bars.
If the judge does not sentence you to probation during sentencing, a skilled criminal attorney can help you plead for probation instead of a jail sentence. That way, you can reunite with your loved one and return to school or work.
Other Consequences
A child neglect conviction will impact your relationship with your loved one. You can lose touch with your close relatives, including your spouse, children, and parents. Serving time in jail will impact your relationships with other people, including friends and colleagues. People lose jobs after a criminal sentence. Other people lose close connections with the people they have loved for years. That is why you must fight your charges during the trial.
A conviction will also result in a criminal record. Criminal records are publicly available and can influence how people treat you. Important people, like landlords and potential employers, run background checks on people they intend to engage with or work with. A criminal record can influence how they will receive your application.
A felony conviction under PC 270 will also profoundly affect your gun rights. If you are a gun enthusiast or keep a firearm for safety purposes, you will lose that privilege after the conviction.
In severe cases of child neglect, you could also lose your loved one to CPS. They will likely take action if they have reasons to believe that the child is facing abuse and that their situation is least likely to improve after the conviction. They will place the child in a safe environment and ensure all their needs are met. Remember that in everything, the court has to consider the child’s best interest.
Expunging the Criminal Record
The good news is that you can request the court to expunge your record after a criminal conviction. This legal process will eliminate all the negative consequences and disabilities that a criminal record presents. It ensures that the arrest and sentence do not appear when someone runs a background check on you. You can comfortably disclose your conviction only when applying for jobs or seeking services when applying for public office.
However, you will wait until your sentence's end to petition the court for expungement. Additionally, you must not be serving another sentence when filing this petition. Once your petition reaches the judge, they will consider several factors, including your criminal record and performance while on probation, to grant your request.
You Can Fight Your Charges
Facing child neglect charges does not automatically mean that you are guilty. You must go through a jury trial and be allowed to defend your actions. If, after a fair trial, the judge delivers a guilty verdict, you will proceed to sentencing. But you can avoid a conviction by putting up a solid defense against the charges. You can do so with the help of a skilled criminal lawyer. Your qualified lawyer can use legally approved legal defense strategies to obtain a fair ruling for the case. If they are successful, the judge can drop your charges. Examples of these strategies are:
The Neglect was Not Willful
The law requires you to intentionally fail to care for a child to face charges under PC 270. If that is not the case, then the judge can drop your charges. But you must demonstrate that your actions were not willful for the judge to drop your charges. Your attorney can do that by showing that you are currently facing financial difficulties and cannot provide everything your children require.
You Have a Valid Excuse
Remember that child neglect applies in cases where you fail to provide without a valid excuse. The judge can drop your charges if you have a good reason, like a job loss or an urgent issue that has taken all your finances (like a medical bill). Your attorney can demonstrate that you provided well for a child until you lost your job. If the prosecutor files child neglect charges for not giving emotional or physical care, it could be because you have been ill or injured and cannot care for a child as you should.
The Accusations are False
You can cite false accusations in case someone else claims child neglect while you have been doing your best to care for a child. Child neglect allegations sometimes come from jealous or angry ex-spouses, partners, neighbors, or relatives. Sometimes, people who want revenge against you or to gain an advantage over you can file a false police report accusing you of failing to care for a child.
A skilled lawyer will devise a strategy to demonstrate your innocence in court. For example, they can provide financial reports or interview eyewitnesses to confirm that you have been providing care for a child without fail.
You Are Not The Alleged Victim’s Parent
You can prove to the court that you are not the victim’s parent and are not responsible for the child. You can do so if you are not the victim's biological parent or are not in any way considered the victim’s legal parent. The judge will dismiss your charges if that is the case.
Find an Experienced Criminal Lawyer Near Me
If child neglect charges are brought against you in Fresno, you could receive severe penalties upon conviction, including jail time and a court fine. A conviction will also impact several areas of your life, including your social and professional lives. But you can avoid all that by putting up a solid defense against your charges. Our California Criminal Lawyer Group team can help you with that. We have the skills and experience you need to navigate the complex legal process and aggressively fight your charges. We will also provide the best legal support and assistance and protect your rights against violations. Call us at 559-712-8377 for more information about your charges and our services.
