Child Endangerment Strategic Defense Designed for Positive Results

Fort Bend County Child Endangerment Lawyer

Child Endangerment in the Greater Houston Area

Have you recently been charged with child endangerment in Texas? If so, you should contact The Sims Law Firm, PLLC as soon as possible. Our Fort Bend County child endangerment defense attorney, Brandon Sims, has over 13 years of legal experience and an extensive background helping people in situations like yours. As a former prosecutor, he has a comprehensive understanding of both sides of the courtroom to provide our clients with an aggressive and effective defense to counter the prosecution’s case against you.

Contact our offices today – We offer free consultations.

What is Considered an Unsafe Environment for a Child?

An unsafe environment for a child are environments that can not meet the child's needs for physical and mental growth and more. An unsafe environment that poses threats for your children and are instances where a court will step-in include:

  • Domestic violence to the child or another household member
  • Failure to keep firearms out of reach

  • Failure to supply enough food or appropriate medical care

If you feel that your child is being exposed to these situations, requesting an emergency motion to suspend time-sharing is opportune. This means you need to file a petition with the clerk of court and request an emergency hearing. Not until your motion is heard can you deny time-sharing with the other parent. If the violence is being solely directed towards your child, then you may call for a petition for an injunction prohibiting the other parent from seeing the child temporarily until the conditions improve. So do not handle this alone as a parent, file a petition with the clerk of court. A protection order can be placed and will provide a restraining order against any parties that could harm your child.

Texas Child Endangerment Law

Under Texas Penal Code § 22.041, any parent or guardian who exposes a child under the age of 15 to an act that risks imminent death, bodily harm, or physical or mental impairment has committed child endangerment. Depending on your circumstance, the law could find the act intentional, reckless, or criminally negligent.

The following are several types of child endangerment offenses in Texas:

  • Leaving a child in an unattended car
  • Driving while under the influence with a child
  • Serving alcohol to an underage driver
  • Hiring a child care provider with a known history of sexual offenses
  • Leaving handguns within the reach of children
  • Failure to report suspected child abuse
  • Neglectful supervision
  • While caring for the child, failing to prevent a child from ingesting a controlled substance

  • Manufacture, possess, or even give another person methamphetamine while a child is present

For the Texas courts to convict an individual of child endanger, they are required to prove the caregiver intentionally, knowingly or recklessly meant to expose the child to danger. The courts use the example of what a reasonable person could find dangerous as a baseline for their analysis of the situation.

Penalties for Child Endangerment

While a few child endangerment offenses are considered misdemeanors, many are charged as felonies in Texas.

For example, leaving a child unsupervised in a vehicle is a Class C misdemeanor is punishable by a maximum fine of $500. Getting arrested for a DWI with a child passenger is a state jail felony, which carries a state jail sentence of up to two years, a maximum fine of $10,000, and driver’s license suspension for up to 10 days.

Is Child Endangerment a Felony in Texas?

Abandoning a child younger than 15 years old with the intent of returning is a state jail felony. However, abandoning a child with no intent of returning is a third-degree felony, punishable by imprisonment for up to 10 years and a maximum fine of $10,000. Furthermore, abandoning a child in a place that places him/her in imminent danger is a second-degree felony, which carries a maximum prison term of 20 years and a fine no more than $10,000.

Placing a child in imminent danger due to criminal negligence or recklessness is a state jail felony. This include placing a child in a situation in which the ingestion, possession, or manufacturing of controlled substances occurs.

If the courts convict a parent of committing child endangerment, the Texas courts could strip them of their parental rights. If this happens one parent will retain parental rights for the child, if there is no other parent available, then the courts will appoint a new guardian for the child. Until a new guardian can be found.

Do Not Lose Hope. We Are Here to Help.

When you are facing charges of child endangerment, we are here to tell your side of the story and fight for your rights. To fight against a conviction, you need the experienced legal advocacy of a Fort Bend child endangerment defense lawyer. Your future and freedom rest in the balance.

Contact us today for a free consultation.

Contact The Sims Law Firm

Time Is of the Essence. Protect Your Future Today. 
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