Wisconsin Child Endangerment Charges
Child endangerment is one of the most serious charges a parent or caregiver can face in Wisconsin. A conviction can mean prison, a permanent criminal record, and the loss of custody of your children. These cases are prosecuted aggressively, and a charge can grow out of a single moment that is later read as neglect or abuse. If you have been accused, the steps you take now matter.
How Wisconsin Defines Child Neglect (§ 948.21)
Under § 948.21, any person responsible for the welfare of a child who, through an action or a failure to act, contributes to the neglect of that child can be charged. To convict, the State must prove three things beyond a reasonable doubt:
- That you were responsible for the welfare of the child, a definition that reaches beyond legal parents under § 948.01(3).
- That you intentionally contributed to the neglect through an action or a failure to act.
- For the felony tiers, that the neglect caused harm.
The classification, and the penalty, rises with the harm alleged:
- Base neglect (§ 948.21(1)): Class A misdemeanor, up to 9 months in jail.
- Neglect causing bodily harm: Class H felony, up to 6 years in prison.
- Neglect causing great bodily harm: Class F felony, up to 12.5 years.
- Neglect causing death: Class D felony, up to 25 years.
Child neglect is distinct from child abuse under § 948.03, a separate statute whose felony classifications escalate with both the degree of harm and whether the conduct was intentional or reckless. A single incident is often charged under one statute, both, or alongside other offenses, which is why an early case review matters.
OWI With a Child Passenger Under 16
One of the most common ways an ordinary case becomes a child endangerment case is a traffic stop. Individuals who drive under the influence can face an enhanced charge if a child is present in the vehicle. As Mothers Against Drunk Driving (MADD) reports, it is a misdemeanor to drive drunk with a child passenger under 16. If any person is injured or killed, the charges that are filed against the drunk driver will be far more extreme. A conviction can result in harsh consequences, including the following:
- Fines from $350 to $1,110
- Jail time up to six months
- Driver’s License revocation for 4 years
If you are accused of child endangerment, the stakes are high.
Wisconsin Child Protective Services may decide that your children are at risk under your care; once the children are removed from your custody, it can be very difficult to get them back. To do so, you may be facing an extended battle, including psychological evaluations, home visits from the agency, and several court hearings. So it is imperative that any person accused of child endangerment gets a lawyer immediately. The risk of losing custody, as well as the legal consequences of any drunk driving charge, must all be handled carefully and with great legal skill. Parents who are accused of any criminal activity in the home are at risk of facing charges of child neglect or endangerment. If you are charged with any of these, they come with serious legal consequences if you are convicted. Get help before your case proceeds any further, as your ability to retain custody, as well as your freedom, can be lost.
Common Defenses to a Child Endangerment Charge
No two cases are alike, but several defenses recur in Wisconsin child endangerment and neglect cases:
- No intent. Neglect under § 948.21 requires that you intentionally contributed to the neglect. A genuine accident, a momentary lapse, or a reasonable parenting decision is not the same as a crime.
- You were not responsible for the child’s welfare. The State has to prove this element, and it is often disputable.
- The harm was not caused by the alleged neglect. Causation is frequently the weakest link in the State’s case, especially where a child’s injury has another explanation.
- Insufficient or unreliable evidence, including statements taken without proper warnings, or conclusions from an officer or caseworker who did not have the full picture.
- A violation of your rights, such as an unlawful search of your home or an illegal stop, which can keep evidence out of the case.
The right defense depends on the facts. The sooner a lawyer reviews your case, the more options you are likely to have.
How We Can Help: Cafferty, Scheidegger & Johnson in Racine and Kenosha
Our firm’s founder is a highly respected legal professional who has achieved many notable victories in difficult criminal cases. He has been listed in Wisconsin Super Lawyers® for ten consecutive years, rated 10.0 Superb on Avvo, and ranked AV Preeminent® in Criminal Law by Martindale-Hubbell®, as well as being listed in Best Lawyers in America. We represent those who are charged with child endangerment in the communities of Racine, Kenosha, Mt. Pleasant, Caledonia, and throughout Walworth County and other areas of Southeast Wisconsin.
Call us today to discuss your case. We want to hear your side of the story. Police are not always accurate in their assessment of situations, or may not even be acting within the limits of the law. You may be a victim of a rights violation, an illegal stop, or other action that was outside the law. Let our Wisconsin criminal lawyers review the facts in your case as early as possible after your arrest. The sooner our firm gets involved, the more opportunities there may be for your defense. Call now for the professional counsel you need if facing any charges related to child endangerment.
Sources:
- Wisconsin State Legislature: Neglecting a Child
- Wisconsin State Legislature: Revocation or Suspension of Licenses
- Martindale-Hubbell: Peer Review Ratings
- Mothers Against Drunk Driving: Child Endangerment
- Wisconsin Child Protective Services: Child Abuse and Neglect Program
