Listen to this Page:
Quick Navigation
In Arizona, child endangerment is a broad legal term that can encompass various actions involving minors under the age of 18. The penalties for a conviction are severe and can range from jail or prison time to substantial fines and other repercussions that could have a lasting impact on your life. That’s why if you find yourself facing these charges, securing legal representation from an experienced child endangerment defense attorney, like those at Colburn Hintze Maletta, is crucial.
In this article, we will discuss:
- The various acts that Arizona law categorizes as child endangerment
- The potential penalties upon conviction
- The defense strategies available to you
- The importance of working with a knowledgeable attorney
According to Arizona’s Department of Child Safety, thousands of reports concerning child endangerment or abuse are filed every year. These reports often lead to investigations and possible legal action.
Specifically, we’ll delve into Arizona Revised Statute (ARS) 13-3623, which outlines what constitutes child endangerment in the state.
With a grasp of these fundamentals, you’ll be better equipped to work alongside your attorney to challenge the charges you face effectively.
Are You Charged with a Criminal Offense?
Speak with Our Defense Trial Attorneys Now About Your Rights.
Or, Continue Reading Below About:
Arizona Reckless Child Endangerment Laws – Misdemeanor vs Felony
Understanding Child Endangerment AZ
While many states have specific child endangerment statutes, Arizona does not. Instead, Arizona has a broad endangerment statute that applies to all people found at ARS 13-1201. Under this law, you can be charged with reckless endangerment when you cause another person to experience a substantial risk of imminent physical injury or death.
While it is a crime to endanger someone else regardless of their age, when you endanger a child, you can face more serious consequences.
To convict someone under child endangerment laws, prosecutors must prove the elements of the offense beyond a reasonable doubt, including showing that your actions were reckless. This is a culpable mental state that is an element of the offense.
“Reckless” is defined in ARS 13-105(10)(c). This law states that a person behaves recklessly if they are aware of a substantial risk of serious physical injury or death but they consciously disregard the risk and engage in the behavior anyway. In short, a person knew that their actions could harm another, and they did it anyway.
Anyone who cares for a child can be charged with reckless endangerment, including parents, guardians, grandparents, sitters, teachers, and others. A person can face criminal charges if they engage in actions that endanger the child’s safety.
Examples of Reckless Endangerment of a Minor
Some examples of conduct that might result in charges under the state’s child endangerment laws include the following:
- Being under the influence of drugs or alcohol while caring for a child
- Leaving children unattended in vehicles
- Leaving a child without supervision or with inadequate supervision
- Committing a crime while caring for a child
- Punishing a child so severely that the child is injured
- Failing to report child abuse
- Failing to prevent a child from suffering a foreseeable injury
A charge of reckless endangerment of a minor can be filed based on actions or on failures to act.
Penalties Under the Child Endangerment AZ Laws
The severity of a child endangerment charge will depend on the degree and type of risk the child faced from your actions or omissions. If the child faced a substantial risk of imminent death, you could face felony child endangerment charges. In most other types of situations, child endangerment might be filed as a Class 1 misdemeanor conviction.
If the child faced a risk of imminent injury, you might be charged with a Class 1 misdemeanor carrying the following potential penalties:
- Jail for up to six months
- Fine of up to $2,500
- Probation for up to three years
If the child was at risk of imminent death, you will face felony child endangerment as a Class 6 felony conviction with the following potential penalties:
- From four to 24 months of prison
- Fine of up to $150,000
- Probation for up to three years
In some cases, child endangerment charges might be filed as serious felony offenses carrying even more prison time. If your offense is charged as a dangerous crime against children, the potential penalties could be very severe.
You can also be charged with felony child abuse if you intentionally, recklessly, or knowingly cause injury to a child or permit someone else to do so under ARS 13-3623.
The penalties for this offense can vary widely based on the circumstances. For example:
- If you intentionally or knowingly caused physical injury to a child or placed them in a situation in which you knew that they were in danger of harm, it is a class 2 felony.
- If you recklessly caused injury or placed a child in a situation that you knew could endanger them, it is a class 3 felony.
- If you negligently caused physical injury or allowed a child to be placed in a situation that could endanger them, it is a class 4 felony.
The potential penalties for felony child endangerment involving child abuse can vary greatly based on the circumstances, your criminal history, and the level of the felony for which you are convicted as follows:
| Felony Level | Mitigated Sentence | Minimum Sentence | Presumptive Sentence | Maximum Sentence | Aggravated Sentence |
| Class 6 | 0.33 years | 0.5 years | 1 year | 1.5 years | 2 years |
| Class 5 | 0.5 years | 0.75 years | 1.5 years | 2 years | 2.5 years |
| Class 4 | 1 year | 1.5 years | 2.5 years | 3 years | 3.75 years |
| Class 3 | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 2 | 3 years | 4 years | 5 years | 10 years | 12.5 years |
Having a criminal conviction for a child endangerment offense can also result in other consequences that can continue to impact your life long after your sentence is completed. These might include problems finding employment, housing, professional licenses, loss of civil rights, and loss of child custody rights.
Potential Defenses to Child Endangerment
If you are facing child endangerment charges in Arizona, you should retain an experienced criminal defense lawyer at Colburn Hintze Maletta as soon as possible. The potential consequences of this type of criminal charge could be life-altering.
Our child endangerment defense attorneys will carefully review the evidence to identify problems in the state’s case against you and to develop your defense. The defenses that might be available will depend on what happened in your case.
Here are some of the defenses that your attorney might raise, depending on the circumstances:
- False accusations
- Someone else was responsible
- Your actions were reasonable under the circumstances
- Insufficient evidence to prove mental culpability
In some cases, people might be falsely accused of different child endangerment crimes such as child abuse when they are going through child custody or divorce cases. Some estranged spouses might try to make false accusations to gain the upper hand in their family law cases.
In this type of situation, your attorney might want to review the paperwork in your divorce or child custody case to evaluate this potential defense.
Police officers sometimes make snap decisions about who to arrest. If that happened to you, your lawyer might work to show that a different person was responsible for what happened instead of you.
Even if you did whatever was alleged, the prosecutor will have to prove that your behavior was unreasonable. If how you behaved was the same way a reasonable person would have acted under the same circumstances, your lawyer might be able to get the charges dismissed.
Finally, prosecutors must have enough evidence to prove your culpable mental state beyond a reasonable doubt. If they can’t prove your mental state, they can’t prove your guilt.
Hire the Right Child Endangerment Defense Lawyer
Facing child endangerment charges in Arizona can be frightening. If you have been charged with child endangerment, one of the first things you should do is consult an experienced criminal defense lawyer.
The attorneys at Colburn Hintze Maletta are highly experienced criminal defense lawyers who understand how to deeply investigate cases and build strong defenses for their clients.
Contact us today to schedule a free consultation at (602) 825-2500.
David Maletta is a widely respected criminal defense attorney with over 23 years of experience and has worked on over 1,000 cases and has successfully won over 100 jury trials. David graduated from Northern Arizona University, Magna Cum Laude in 1993 with a degree in Psychology. Shortly thereafter, he earned his Juris Doctor degree from Seton Hall University School of Law in 1998. He has extensive experience in criminal and DUI matters, homicide, sexually-based offenses, domestic violence, white-collar crimes, and various misdemeanor crimes.
Always Available 24/7 for Legal Help
Schedule an Appointment Today!
Call Us Now to Speak with an Attorney (602) 825-2500
Real Client Reviews
Below are just a few of what our clients have to say!
“Let me just say she was an amazing attorney”
I had gone in to see a lawyer for my DUI. My attorney was Jessica. Let me just say she was an amazing attorney I could’ve asked for, I really thought I was going to do 3 years in prison & thanks to her I only did 1 day in jail. That’s just wow a big WOW !! I truly can’t thank her enough for what she did. She’s amazing if you ever get a DUI ask for Jessica. Can’t go wrong with her, she is outstanding! One more thing, Kiara is an amazing helper. She and Jessica are both great. Kiara answered all the questions I had. You can just say I’m so thankful I had them helping me out with my case.
Luz Jimenez - Google Review
“She’s an outstanding attorney and we won the case”
Jessica Hernandez is my lawyer. She did an awesome job in everything, especially asking questions to the opponent and me. I can’t thank her enough for the care she showed me throughout the whole case and she’s really good at explaining and guiding me in this kind of case. She’s an outstanding attorney and we won the case. She was so smart and very detailed in everything and she’s well prepared to defend me that the judge and my opponents’ attorney didn’t even ask questions to me. I thank David for giving me Jessica to represent me, and also to the whole team for doing a great job. If you need lawyers, I highly recommend Colburn Hintze Maletta PLLC.
Faith Epelipcia- Google Review
“Very professional, and efficient and they are always here for you.”
Hands down the absolute best team you will ever work with. Throughout the entire process never had to worry about anything at all. Very professional, and efficient and they are always here for you.
Amina Riley - Google Review
“His patience and professionalism are above reproach”
Don Colburn’s years of experience was a tremendous asset to my case. It truly showed that my process was lengthy and exhausting. His patience and professionalism are above reproach. Without Jen Bone, I truly feel my case would have gone in a very different direction. The time and energy she put into my case is something I am very thankful for. This law team understood my main focus was my children and they adhered to that focus for the entirety of my case. Thank you Jen and thank you Don!
Shayne Tuchfarber - Google Review
“So knowledgeable and professional”
Mr. Dave Maletta Is so knowledgeable, professional, and all-around the person you want to go to. I left the office feeling secured and more enlightened on what was going on. They handled my case with such delicacy and I would recommend this office If you want people who will take on your case with a strategic and professional approach.
Miranda Flores- Google Review
“The outcome was what I was hoping for!”
Darin Colburn was wonderful, professional and a wealth of information. He was so helpful along with Whitney his paralegal.. the outcome was what I was hoping for !! Thank you all for everything !! His entire office staff was great!! I am so thankful for all of you!!
Vicki Poutre - Google Review
“They are extremely capable and have great instincts”
Two of the partners of this firm supported me in some very contentious divorce issues. Darin and Tim are extremely capable and have great instincts on how to navigate sticky circumstances in a professional manner in front of Judges and court administrators. I found them to be understanding, time efficient, and sufficiently assertive to win my cases. For any Family Law or Criminal Defense situations, I would endorse and highly recommend this firm.
Vern Braaksma- Google Review
“Forever grateful I chose this practice for my representation”
David Maletta is nothing short of a miracle worker. While I don’t believe anyone looks forward to hiring an attorney, David makes the legal process as stress free as it can be and does not give up until you obtain the outcome he is working towards. Forever grateful I chose this practice for my representation.
Michelle DeDora- Google Review
“The service provided to me was outstanding”
Absolutely amazing! The service provided to me was outstanding. They listened & made sure I was taken care of. I definitely recommend to everyone!
Nautica - Google Review
“He walked me through every step with compassion”
My experience with Tim through my messy custody case was one that made me feel safe and understood when others wouldn’t. Tim walked me through every step with compassion, knowledge, and understanding. Thanks to Tim I have my son safe with me!!!
Hilario Serafin - Google Review
“Their service is very highly professional”
I highly recommend you all here. Their service is very highly professional. They truly run this process as professionals.
Nahima Lemus - Google Review
“He was a great lawyer, Highly recommended “
Timothy was a great lawyer. I had a Dui case where I was borderline under the legal limit. Understanding, that everyone’s situation is different. The way Timothy handled my case and explained everything thoroughly made everything great. As stressed anyone may feel in a situation like mine. The way Timothy tackled my case throughout the months, explained what I was facing, and explaining my worst case scenario in a trial situation made me feel confident that I had control of how I wanted to proceed with everything. Never once did I feel any pressure to make a decision. Overall, I would recommend Timothy to anyone else looking for a lawyer that actually cares about your case. I feel he did a tremendous job and was content of my plea bargain outcome.
Jerimiah - Avvo Review
“A true ally and an amazing attorney!”
Jessica Hernandez was awesome! Organized, prompt, and fought for us the whole way! A true ally and an amazing attorney! So happy we chose her to win our case! The entire office was great!!
Jennifer Wilson- Google Review
“I highly recommend their services to anyone in need of a reliable and compassionate family law attorney.”
I had an exceptional experience with this Family Law Attorney. They handled my child support litigation, contested divorce, and custody & visitation rights with utmost professionalism and expertise. Their guidance through the divorce litigation process was invaluable, and they were incredibly thorough with the modification of court orders. They also assisted me with paternity establishment and drafting a prenuptial agreement, which gave me great peace of mind. The attorney’s approach to property division and spousal support & alimony litigation was fair and meticulous. They were also very supportive during the restraining order litigation, ensuring my safety and well-being. I highly recommend their services to anyone in need of a reliable and compassionate family law attorney.
Alicia Cisneros - Google Review
“He is professional, knowledgeable, and kind”
I am so grateful for the support I received from Tim when I needed it the most. He is professional, knowledgeable, and kind. I felt so much better knowing he was in my corner and fighting for the best possible outcome. He prepared for every scenario and made sure I was protected. I highly recommend this firm.
Audra Johnson - Google Review
“Helped me get the settlement I felt I deserved”
Jessica H. and Juanita P. helped me get the settlement I felt I deserved. They will go to the mat for you to win!
Michael Carlson - Google Review
“Hands down the best attorney for family law!”
Darin is hands down the best attorney for family law! He made me feel heard and validated in my concerns for my daughter during this custody battle and was very up-front about what to expect and what was a likely outcome right off the bat. Communication was constant and timely, even when he couldn’t handle a concern or something going on with the case due to scheduling he pulled the entire firm in to help and get everything done! I’ve never experienced such a friendly, understanding, and caring manner from an attorney before so I will ALWAYS recommend this amazing law firm to anyone who needs it.
Kyla Dawnne- Google Review
“Their professionalism and dedication were evident in every interaction”
I had an outstanding experience with Colburn Hintze Maletta PLLC. Their team provided expert legal guidance and support throughout my case. They were responsive, thorough, and always kept me informed. Their professionalism and dedication were evident in every interaction, and they navigated the complexities of my situation with skill and efficiency. I am grateful for their expertise and highly recommend Colburn Hintze Maletta PLLC to anyone in need of reliable and effective legal representation.