Child Endangerment - Tulsa Trial Attorneys
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Time is of the Essence When Picking the Best Tulsa Criminal Defense Attorney:
First and foremost, call us right away at 918-884-7791. Whenever you get arrested on such a serious charge, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.
DON’T TALK AND DON’T GIVE A STATEMENT.
DON’T TALK TO PEOPLE IN JAIL, OR TO FAMILY OVER THE PHONE ABOUT YOUR CASE.
EVERY MINUTE YOU GO WITHOUT AN EXPERIENCED ATTORNEY PUTS YOU AT RISK.
DON’T HIRE JUST ANY ATTORNEY. MAKE SURE THEY ARE A SUCCESSFUL TRIAL ATTORNEY.
Child Endangerment - Elements
No person may be convicted of child endangerment unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a parent / guardian / (person having custody / control) of a child under 18 years of age;
(2) knowingly;
(3) permitted;
(4) physical / sexual abuse;
(5) of the child.]
OR
(1) a parent / guardian / (person having custody / control) of a child under 18 years of age;
(2) knowingly;
(3) permitted;
(4) the child to be present in a place where [Specify Controlled Dangerous Substance] a controlled dangerous substance was (being manufactured) / (attempted to be manufactured);
[Specify Controlled Dangerous Substance] is a controlled dangerous substance.
OR
(1) a parent /guardian / (person having custody / control) of a child under 18 years of age;
(2) knowingly;
(3) permitted;
(4) the child to be present in a vehicle operated by a person who was impaired by or under the influence of alcohol / (an intoxicating substance);
(5) and the parent / guardian / (person having custody / control) of the child knew or reasonably should have known that the operator of the vehicle was impaired by or under the influence of alcohol / (an intoxicating substance).
OR
(1) a parent / guardian / (person having custody / control) of a child under 18 years of age;
(2) was the driver / operator / (person in actual physical control of a vehicle);
(3) who [specify violation of 47 O.S. 2011, 11-902, e.g., was under the influence of alcohol or an intoxicating substance];
(4) while (transporting the child / children) / (having the child / children in the vehicle)].OUJI-CR 4-40B
Child Endangerment - Punishment
A person who is the parent, guardian, or person having custody or control over a child commits child endangerment when the person:
1. Knowingly permits physical or sexual abuse of a child;
2. Knowingly permits a child to be present at a location where a controlled dangerous substance is being manufactured or attempted to be manufactured as defined in Section 2-101 of Title 63 of the Oklahoma Statutes;
3. Knowingly permits a child to be present in a vehicle when the person knows or should have known that the operator of the vehicle is impaired by or is under the influence of alcohol or another intoxicating substance; or
4. Is the driver, operator, or person in physical control of a vehicle in violation of Section 11-902 of Title 47 of the Oklahoma Statutes while transporting or having in the vehicle such child or children.
However, it is an affirmative defense to this paragraph if the person had a reasonable apprehension that any action to stop the physical or sexual abuse or deny permission for the child to be in the vehicle with an intoxicated person would result in substantial bodily harm to the person or the child.
The provisions of this section shall not apply to any parent, guardian or other person having custody or control of a child for the sole reason that the parent, guardian or other person in good faith selects and depends upon spiritual means or prayer for the treatment or cure of disease or remedial care for such child.
Any person convicted of violating any provision of this section shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a maximum term of four (4) years, or by a maximum fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. 21 O.S. 852.1
Child Endangerment - Statutory Affirmative Defense
No person may be convicted of child endangerment if that person had a reasonable apprehension that any action to (stop the physical sexual abuse) / (deny permission for the child to be in the vehicle with an intoxicated person) would result in substantial bodily harm to the person or the child.
It is the burden of the State to prove beyond a reasonable doubt that the defendant did not have such reasonable apprehension. If you find that the State has failed to sustain that burden, then the defendant must be found not guilty. OUJI-CR 4-40C
Charged with Child Abuse in Oklahoma
Child Abuse and other child related offenses, are only second to murder as the most serious crimes that a person can be charged with. Not only do you face the potential of serious prison time, but you also may lose the rights to continue being your child’s parent.
Unfortunately, when it comes to allegations of a crime against a child, many people have a tendency to see the accused person as guilty until proven innocent. This is the opposite of how it should be. It can quickly turn into a witch-hunt without the proper legal representation. This can be very frustrating and you will want to protest. The danger is that even your words of protest and your attempts to explain may be twisted and used against you. Most times DHS will become involved and you have to fight on two fronts. You must be very very careful.
Don’t settle for hiring an attorney, hire a team. Make sure you hire a firm that has experience in both serious criminal felony litigation and DHS juvenile cases. Let an experienced team of attorneys help guide you through this scary time. Make sure that your attorney is experienced, aggressive, and compassionate.
CALL TODAY FOR YOUR FREE CONSULTATION - 918-884-7791
Child Abuse - Definition
Harm or threatened harm to a child’s health, safety or welfare by a person responsible for the child. This includes non-accidental physical or mental injury, sexual abuse, or neglect.
Child Abuse - Punishment
Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child abuse" means the willful or malicious harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another. 21 O.S. 843.5(1)
Child Abuse - Elements
No person may be convicted of child abuse unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a person willfully / maliciously
(2) harmed / (threatened harm to) the health, safety, or welfare
(3) of a child under the age of eighteen
OR
(1) a person responsible for a child's health, safety, or welfare
(2) willfully / maliciously
(3) failed to protect from harm / (threatened harm) to the health, safety, or welfare
(4) of a child under the age of eighteen. OUJI-CR 4-35
Crimes against Children (non-sexual)
Child Endangerment
Sex Crimes against Children
Crimes Against Children FAQs
What is considered ordinary force for a parent for discipline?
Can prayer be a defense?
Child Endangerment Litigation Expertise
Child Abuse charges in Oklahoma require an aggressive defense. No matter which child offense charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face. When defending child crime charges, it is necessary to obtain experienced, aggressive, and compassionate representation that understands and DHS Juvenile implications. The smallest detail or piece of evidence can make all the difference. The longer you wait to hire a Criminal Defense and Juvenile attorney the greater the stress and the greater the advantage to the prosecution.