What you’re facing

Child abuse and endangerment charges in California are wobblers with significant felony exposure. Corporal injury on a child (PC 273d): wobbler. Felony version: 2, 4, or 6 years state prison. Child endangerment (PC 273a): misdemeanor or felony depending on the level of risk to the child. Felony version: 2, 4, or 6 years. Child abuse causing death (PC 273ab): 25 years to life. Great Bodily Injury enhancements add 3-6 years. DCFS (Department of Children and Family Services) runs a parallel investigation that can result in child removal even before criminal charges are filed.

Defenses I build

Child abuse cases require parallel-track defense. On the criminal side: I challenge medical evidence (alternative explanations for injuries, accidental causation, pre-existing conditions), DCFS-extracted statements (typically obtained without Miranda warnings), and witness reliability (child witness statements through forensic interview protocols). On the dependency side: I coordinate with family law counsel to protect parental rights, manage reunification services, and respond to DCFS requests strategically. Statements in one case affect the other – coordinated defense is essential.

Common Questions

What is the difference between PC 273a and PC 273d?

California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.

Can DCFS take my children before I am even charged?

Yes. DCFS operates independently of the criminal justice system. They can investigate allegations, interview children, conduct home visits, and file a WIC 300 petition to take jurisdiction of children even before any criminal charges are filed. The juvenile dependency case proceeds on its own timeline with a lower burden of proof (preponderance vs. reasonable doubt). Children can be removed temporarily based on DCFS findings while the investigation continues.

Should I talk to DCFS investigators?

Generally no – not without an attorney present. DCFS investigators do not provide Miranda warnings, but anything you say can be used against you in BOTH the dependency case AND any criminal proceedings. Many parents try to cooperate with DCFS thinking it will help their case, only to make statements that hurt them later. Consult with criminal defense counsel (and family law counsel if you have one) before any DCFS interview. They can advise on what to say, what to refuse, and how to cooperate without making the case worse.

Types of Child Abuse Charges

California has multiple statutes covering different forms of child abuse and endangerment:

PC 273a (Child Endangerment)

Misdemeanor or felony based on level of risk to the child.

PC 273d (Corporal Injury on Child)

Wobbler. Felony: 2, 4, or 6 years state prison.

PC 273ab (Child Abuse Causing Death)

25 years to life. Strike Offense.

PC 11165 (Mandatory Reporting)

Failure to report by mandated reporters – teachers, doctors, etc.

Great Bodily Injury Enhancement

Adds 3-6 years to underlying child abuse charge.

DCFS Investigation

Parallel non-criminal investigation with separate rules.

Juvenile Dependency Court

Where DCFS cases are heard – lower evidentiary standard.

WIC 300 Petition

DCFS tool for taking jurisdiction over a child.

The Parallel-Track Problem

Child abuse allegations trigger two simultaneous proceedings with different rules:

  • Criminal court applies beyond-a-reasonable-doubt standard
  • Dependency court applies preponderance-of-evidence – much lower burden
  • DCFS interviews are typically conducted without Miranda warnings
  • Statements in dependency proceedings can be used in criminal court
  • Coordinated defense across both tracks is essential – one wrong statement can damage both cases

Child abuse cases are uniquely complex because the two tracks proceed simultaneously with different rules. Coordinated defense – criminal counsel working with family law and dependency counsel – is essential to protect both your liberty and your parental rights.