Frisco, TX Child Endangerment Attorneys

Experienced Lawyers Defending Against Charges of Endangering or Abandoning a Child in Frisco, Texas

Accusations of endangering or abandoning a child can be incredibly serious. These allegations can lead to felony criminal charges, and significant penalties may apply if a person is convicted. Beyond the criminal penalties, accusations of child endangerment can lead to lasting damage to a person's family life and reputation. A parent could potentially lose custody of their child, and they could also face career consequences, especially if they work in education or other occupations involving children. When addressing claims that a child's safety or welfare was placed at risk, legal representation by an experienced attorney can be essential.

At Barbieri Law Firm, we understand the complex legal, emotional, and personal issues that may play a role in cases where a person has been accused of endangering a child. Our lawyers can provide effective legal representation for clients who are facing these serious charges. Whether a case involves a misunderstanding, a difficult family situation, or a momentary lapse in judgment, we can help a person take steps to protect their rights, fight back against the allegations, and resolve a case in a way that will avoid long-term consequences.

How Texas Law Defines Child Endangerment and Abandonment

Under Texas Penal Code §22.041, a person can be charged with child endangerment or abandonment if they take actions that expose a child to an unreasonable risk of harm. These laws may apply to anyone who has custody, care, or control of a child under the age of 15. In general, child endangerment charges may apply if a person acts in a way that puts a child at risk of being injured or killed or experiencing a physical or mental impairment.

These charges may be based on intentional acts, recklessness, or negligence. They may include both acts of commission (doing something dangerous) and omission (failing to act when necessary to protect a child).

Examples of child endangerment may include:

• Leaving a young child alone in a vehicle
• Leaving a child unattended at home
• Driving while intoxicated with a child in the car
• Failing to secure a child properly in a car seat
• Leaving dangerous weapons or illegal substances in locations where they may be accessible to a child
• Using drugs or consuming alcohol in a way that places a child at risk
• Manufacturing methamphetamines or other controlled substances in a location where a child is present
• Failing to seek medical care for a child with a serious illness or injury

Penalties for Child Endangerment in Texas

The severity of the penalties that may apply when a person is accused of child endangerment or abandonment may depend on the circumstances of a case and the degree of risk posed to the child. In general, child endangerment may be charged as a state jail felony, which could result in a sentence of six months to two years.

Child abandonment may be charged as a state jail felony if a person intended to return for the child, but in cases where a person allegedly did not intend to return, they may be charged with a third-degree felony, which could lead to a sentence ranging from two to 10 years. Abandonment of a child in a situation where the child is likely to be injured or killed may result in second-degree felony charges, and a conviction could lead to a sentence ranging from two to 20 years.

Addressing Child Endangerment Charges

Defending against accusations of child endangerment or abandonment requires an understanding of both criminal law and family dynamics. The attorneys at Barbieri Law Firm recognize that there is often more to a story than what is reflected in a police report or complaint. We can help clients determine the defense strategies that may be used in these cases, which may include:

• Challenging the Evidence of Danger: A mistake made by a parent or a lapse in supervision of a child may not constitute criminal endangerment. Our lawyers may argue that a child was not placed in imminent danger or that the actions taken by our client were reasonable under the circumstances.
• Lack of Intent or Criminal Negligence: We may be able to demonstrate that our client's conduct was accidental, or we may show that accusations of child endangerment were based on a misunderstanding.
• False or Exaggerated Allegations: In contentious family situations, such as custody disputes or CPS investigations, accusations may be exaggerated or fabricated. Our attorneys can investigate the motivations behind complaints and gather evidence to discredit unreliable witnesses.
• Violation of Rights or Improper Police Conduct: If police conducted an unlawful search, failed to advise a client of their rights, or engaged in improper questioning, our lawyers may file motions to suppress evidence and challenge the integrity of the case.
• Negotiating Reduced Charges or Dismissal: In cases involving minimal risk or a strong record of parental responsibility, our attorneys may work with prosecutors to seek the dismissal of charges, deferred adjudication, or reduced charges that may lead to less serious consequences.
• Protecting Parental Rights: In addition to defending against criminal charges, our lawyers will work with our clients to challenge CPS findings, address concerns about child custody, and help maintain family stability.

Contact Our Frisco Child Endangerment Defense Lawyers

Whether you are a parent or someone else who cares for or supervises children, charges of child endangerment or abandonment can be very serious, and the consequences of these accusations can affect every part of your life. The attorneys at Barbieri Law Firm can provide you with the defense you need when fighting these charges. We will work to preserve your rights and protect your future. Contact our Frisco, TX child endangerment or abandonment attorneys at 972-424-1902 to arrange a free, confidential consultation.