Endangering the Welfare of Children

There is a common misconception that child endangerment charges only apply when someone intentionally harms a child. However, this is not entirely accurate. Under West Virginia law, child endangerment includes any situation where a child’s welfare is put in jeopardy by an individual responsible for their care even unintentionally.

This misunderstanding can often leave a parent or guardian feeling blindsided when they face an investigation for child endangerment. Worse yet, accusations from ill-intentioned third parties can result in exaggerated or entirely false allegations.

Nonetheless, if you’ve been accused of endangering a child, there is hope. With the guidance of an experienced Weirton DUI attorney, you can build a robust defense against these serious allegations, protecting yourself from the significant consequences of a conviction.

Understanding Endangering the Welfare of Children

Legal Definition in West Virginia

West Virginia law, specifically Chapter 18, Section 4304 of the criminal code, defines child endangerment as the following:

Any parent, guardian, or individual tasked with protecting a child under 18 who knowingly puts that child’s well-being at risk by neglecting their duty of care, protection, or support can be charged with child endangerment.

Additionally, the law applies to individuals responsible for hiring or supervising those tasked with child welfare who allow harmful situations to occur. Importantly, officials who hinder or obstruct the reporting of suspected child abuse may also face these charges.

Each violation under these circumstances is treated as a separate offense. Furthermore, repeated violations can escalate to a third-degree felony depending on the course of conduct.

Examples of Child Endangerment

Child endangerment is more widespread than many realize. The law broadly encompasses any acts, omissions, or environments deemed unsafe for a child. Below are common examples leading to child endangerment charges in West Virginia:

• Driving under the influence (DUI) with a child in the car
• Allowing living conditions to become unsafe or unsanitary
• Using or possessing illegal drugs around a child
• Neglecting to provide necessary medical care for a sick or injured child
• Allowing a child to ride an ATV or open-air vehicle without proper safety restraints
• Engaging in physical disputes with a partner in the presence of a child

The court evaluates these situations based on what a typical guardian would consider grossly negligent or morally unacceptable conduct.

For anyone facing such charges, seeking a competent Weirton criminal lawyer is critical to ensuring your rights are protected.

Child Endangerment Penalties in West Virginia

Penalty Levels and Sentencing

Penalties for child endangerment in West Virginia vary based on the nature and severity of the offense. Generally speaking, it is considered a first-degree misdemeanor. Convictions at this level can result in the following penalties:

• A fine of up to $10,000
• Imprisonment for up to 5 years

However, when the course of conduct demonstrates a repeat pattern of endangering behavior, the charge can be elevated to a third-degree felony. Felony penalties include:

• A fine of up to $15,000
• A maximum prison term of 3 ½ years

This escalation reflects the serious nature of repeated child endangerment offenses. If you face accusations within Weirton, engaging a seasoned Weirton DUI attorney can significantly improve your defense strategy.

Protecting Your Rights

Regardless of the situation, finding yourself under investigation for child endangerment is an incredibly stressful experience. Legal representation is not just advised; it is essential. A knowledgeable Weirton criminal lawyer will understand the unique nuances of family court systems and criminal defense, giving you the best chance at safeguarding your future.

At Logue Law Group in Weirton, our experienced attorneys, led by Sean Logue, are dedicated to defending against child endangerment charges. We will investigate every detail of your case, challenge weak evidence, and work tirelessly to reach the best possible outcome for you and your family.

Take Action Today

If you’re in the Weirton area or nearby, contact us immediately to schedule your free consultation. Logue Law Group offers the expertise and support you need during this difficult time. Call Weirton DUI attorney now at (844) PITT-DUI or visit our website to get started on your defense.