Ladera Ranch, Orange County - Last Saturday morning the Orange County Sheriff's Department followed up on calls that a woman was driving while holding an infant in her arms, and later leaving the baby in the car while stopping at a yard sale.
The woman, who has not been identified except that she described to be in her "late 20s," was questioned by deputies and released. It's unclear if she will be charged as authorities would not comment on whether or not she will face any charges.
Irvine criminal defense attorney Michael L. Guisti says if the Orange County District Attorney's office decides to pursue charges they will likely file child endangerment charges under Penal Code 273a.
One Irvine criminal lawyer says for the DA's office to file charges they need to show one of three things, that this person willfully inflicted unjustifiable physical pain or mental suffering on the child, or, that she willfully caused, as a result of criminal negligence permitted, a child to suffer unjustifiable physical pain or mental suffering, or that she had care or control of a child.
If the baby suffered any sort of injury, like heat stroke, while left in the car while the woman was at the yard sale it's possible the Orange County District Attorney's office could also charge the woman with PC 273d child abuse, according to Orange County criminal defense attorney Michael L. Guisti.
As a Fullerton criminal defense lawyer goes on to explain, it doesn't have to be a major, gruesome injury to the baby for there to be a child abuse charge as even a small injury can bring these charges.
One Santa Ana family lawyer says it's unlikely child abuse charges will arise from this case, but people should understand how the difference of having a baby on your lap then suddenly keeping the baby in the car can invite different charges.
What will probably be the woman's best defense, according to Orange County criminal attorney Michael L. Guisti, is explaining to the court her act wasn't willful and that she didn't purposely do these things to her baby. After all, as Michael L. Guisti goes on to say, it's possible she had the baby in the seatbelt with her and was nervous to put her in a car seat, and we don't know how long she was out of the car at the yard sale while the baby was in the car.
Child endangerment is a "wobbler," which means it could be charge either as a misdemeanor or felony, depending on the facts of the case and the woman's criminal history.
If convicted of misdemeanor child endangerment, the sentence may include, according to one Huntington Beach family attorney, informal probation, up to one year in Orange County jail, up to $1,000 in fines, a possible a protective order protecting the alleged victim from further acts of violence and possibly a stay away order that prevents her from having contact with the child, and a successful completion of a minimum one-year child abuser's treatment counseling program.
If she is convicted of felony child endangerment the woman faces, along with the misdemeanor charges above, a minimum of four years on formal probation, between two to six years in a California state prison, a maximum $10,000 fine, and a possible "strike" on your record under California's Three Strike's Law.
As Irvine criminal defense lawyer Michael L. Guisti explains, these are no doubt serious charges that not only carry potential jail time, but a stigma. Attorney Guisti strongly urges this woman to contact an Orange County defense lawyer right away before charges are filed, because before the Orange County District Attorney formally files charges her attorney can work with the DA's office to reduce charges, work out a plea bargain, or even have the case dismissed.
If you're facing child endangerment charges call the Law Offices of Michael L. Guisti right away at 714-530-9690.
The Orange County Law Offices of Michael L. Guisti can help you to deal with these charges because our legal experts know the Orange County court system.
We'll handle your case in the best possible ways to reduce your criminal charges or even sometimes to dismiss your case. We will guide you through the legal process, represent you in and out of court, give you all best possible solutions for your case and will do everything possible to make this complicated time much easier for you.
Please, don't go at this alone. Give us a call so we can give you expert legal advice and representation you deserve.
