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Criminal Law in a Child Endangerment Case | Jake Brower, Attorney At Law |Criminal Lawyer | Criminal Defense |DUI Defense Attorney |Felony Arrests |3-Strike Cases |Santa Ana, Orange County, CA

Child Endangerment

  • Criminal Law in a Child Endangerment Case

    Posted Mar 14th, 2012 By in Child Endangerment, Second degree murder With | Comments Off on Criminal Law in a Child Endangerment Case

    The Daily Appellate Report, February 8th issue, shared the story of parents who disregarded their daughter’s needs and ended up being charged with second degree murder.

    A 17 year old, who suffered from type 1 diabetes, died as a result of complications related to the disease. The victim was diagnosed with a condition where her body fails to produce adequate amounts of insulin, which could be fatal if not attended to correctly.

    Victim’s parents were provided with the necessary education and information related to the serious condition and how to manage it and attend to their daughter’s needs; including recognizing the symptoms.

    At some point, victim became ill displaying symptoms of her serious conditions. over a period of approximately a week, her physical condition deteriorated; she became immobile, was breathing heavily, complained of pain, and was unconscious for period of times.  Parents disregarded the symptoms and didn’t attempt to obtain medical assistance. As a result, victim passed away.

    This is a simple example of parents who disregard the needs of their daughter; she died; the parents were charged with murder and child endangerment.  Evidence presented in court was sufficient to support finding of second degree murder where parents knew and were made aware of their daughter’s potential fatal condition but failed to seek medical attention.

    Parents are required to attend to their children’s needs through active parenting, including but not limited to, getting treatment for medical conditions.  This is usually an area that is not interceded on by the courts unless it is life threatening.  In this specific case, the parents went too far by not showing care and letting their daughter’s serious condition take her life.  They went too far, further than neglect, to a state of conscious disregard for a situation that ended in death.

    The jury found the parents guilty of second degree murder, count 1,  and child endangerment, count 2. The trial court sentence the father to an aggregate term of 17 years to life in prison on count 1 and and court sentenced him to 10 years in prison on count 2. As for the mother, she was sentenced by the trial court to aggregate term of 15 years in prison.

    The parents were aware that their failure to obtain medical treatment for their daughter endangered her life; furthermore, they failed to obtain medical treatment in conscious disregard of that risk.

    If you or anyone you know might be at risk of a similar situation, please reach out to me directly at 714-547-4000 for free consultation.

    Jake Brower
    Defense Attorney of Orange County
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Jake Brower Criminal Defense Attorney, DUI Lawyer, Felony Arrests, 3-Strike Cases, Criminal Law, Drunk Driving Lawyer, Los Angeles, Orange, Anaheim, Corona del Mar, Costa Mesa, Irvine, Huntington Beach, Long Beach, Mission Viejo, Aliso Viejo, Lake Forest, Rancho Santa Margarita,Santa Ana, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel, Riverside, San Diego, Ventura, Beverly Hills, Hollywood,Oceanside, San Clemente, Carlsbad, Dana Point, Seal Beach, Long Beach, 1043 Civic Center Drive West, #200, Santa Ana CA 92703