Few things are more frightening than being accused of putting your own child at risk. A child endangerment charge can bring a criminal case, a CPS investigation, and limits on contact with your children, all at the same time.
I have sat in every seat in the courtroom: as a criminal defense lawyer, as a Municipal Judge, and as a Felony Prosecutor. I understand how these cases are investigated and charged, and I treat every client with discretion and respect.
What you’re facing
Texas Penal Code §22.041 covers two main offenses involving a child, which for this law means someone 14 or younger.
Endangering a child. This means engaging in conduct, by an act or by failing to act, that places a child in imminent danger of death, bodily injury, or physical or mental impairment. The State does not have to prove the person meant to put the child in danger. Recklessness or criminal negligence can be enough. Endangering a child is a state jail felony, with a range of 180 days to 2 years in a state jail.
Abandoning a child. This applies to a person with custody, care, or control of a child who intentionally leaves the child somewhere without reasonable and necessary care, in a way that exposes the child to an unreasonable risk of harm. The level depends on the facts:
- State jail felony if the person intended to return for the child.
- Third-degree felony (2 to 10 years) if the person did not intend to return.
- Second-degree felony (2 to 20 years) if a reasonable person would believe the circumstances placed the child in imminent danger.
Common situations
These cases often start with a single moment: a child left in a car, a child found wandering, a 911 call, or an arrest where a child was present. Drug and alcohol cases are common. Texas law presumes endangerment in some drug situations, such as using or possessing methamphetamine in the child’s presence. Driving while intoxicated with a passenger younger than 15 is also a separate state jail felony.
The word “imminent” matters. The State has to show real, immediate danger, not just a situation that could have gone wrong someday.
What to do now
- Do not talk with police or caseworkers about the accusation until you have talked with a lawyer. Statements to CPS can end up in the criminal case.
- Follow every bond condition and any order about contact with your children, even if you disagree with it.
- Keep records such as texts, photos, schedules, and the names of anyone who can speak to what happened.
- Stay off social media about the case.
- Call me as early as you can.
How I can help
In a child endangerment case, I generally look at:
- Exactly what happened, minute by minute, and whether the danger was truly “imminent.”
- The 911 call, body-camera video, and photos.
- Medical records and any testing.
- What each witness said, and when.
- Whether the charge level fits the facts, or a lesser charge or other resolution may be possible.
I will tell you what I see in the evidence and what your options are. You make the decisions. I make sure you understand them.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
My child was not hurt. Can I still be charged? Yes. The offense is about placing a child in imminent danger, so an injury is not required. But the State still has to prove that real danger existed.
Is there a CPS case too? Often, yes. A CPS investigation can run alongside the criminal case. What you say in one can affect the other, so talk with a lawyer first.
Will this affect custody or visitation? It can. A criminal case and any CPS case may both affect where your children live and how often you see them.
I left my child for just a few minutes. Is that a crime? It depends on the child’s age, the place, the time, and the risk. Not every brief absence is a crime. I can review the details with you.
Talk with me about your case
Your consultation is free. Call me at (346) 366-7566. Please call rather than putting details in an email or online form.