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!
“David was relentless in his pursuit of my son’s innocence”
We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.
Shawn H. - Google Review
“Responsive, sympathetic, professional, patient, and kind.”
On one of the worst and most surreal nights of my life (do not EVER get a DUI people!) I was lucky enough to find my way to Tim Hintze. Being in Phoenix for the Thanksgiving holiday from out of town, and after spending the evening with family, I ended up spending the night in jail.
Tim turned one of the worst experiences in my life into “it could have been so much worse!” Working with him from a different state, he covered the bases & paperwork, showed up for me in court, gave me numerous connections to muck my way through the system, and held my hand the whole way.
I cannot imagine how much worse this experience could have been, and thanks to Tim, I didn’t need to. He was responsive, sympathetic, professional, patient, and kind throughout the long process, drawn out by many months due to Covid.
Keep Tim’s number handy and in your contacts in the event you are ever in the sorry position to need a DUI lawyer!
Holly Weber - Google Review
“Very professional, very empathetic, and very responsive to all the issues.”
I had the opportunity to work with Darin during a very troublesome time in my life. As a family attorney, I found him to be very professional, very empathetic, and very responsive to all the issues I faced. I would recommend him to anyone without a second thought. Thank you, Darin!
Gary C. - Google Review
“I would give them more stars, but the option is not there”
Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.
Joseph A. - Google Review
“Nothing but good things to say about my experience.”
I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
Lauren Koontz - Google Review
“Listens to every request that you make on a case”
I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
Ben - AVVO Review
“I still have a clean record to this day.”
One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
MJ Walsh - Google Review
“Because of Darin I got my daughter back”
Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!
Chris - AVVO Review
“He fights for his clients like no one I have ever seen”
David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.
Patricia Bevins - Google Review
“I was found NOT GUILTY. Dave won the trial for me.”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
Gregory - AVVO Review
“There is NOBODY I would rather have defending me than David”
I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.
Jacob - AVVO Review
“This was the best possible outcome, great price, and fast.”
Darin helped me with a complex family law issue involving ownership of multiple businesses and other assets. He was able to structure a win-win that wasn’t only better than I thought was possible but that protected the business I had built. Above and beyond that, he did it with great customer service and character – which really matters to me. This was the best possible outcome, great price, and fast.