This is the next post in my series on the handling of child endangerment charges in Peoria and other Illinois areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney if you or a loved one have been charged with a crime. It is important to speak with counsel immediately as such charges can result in incarceration and difficulties in family law proceedings. In this article I will discuss the ramifications for a first offense. If you are in need of assistance then contact my office today to speak with a criminal defense lawyer.
First-offense Illinois child endangerment charges are typically a Class A misdemeanor but can be a Class 3 Felony
The crime of “child endangerment” occurs in our state when one a) endangers the life or health of a child who is younger than eighteen years old or b) allows a child to be placed in circumstances which endanger their safety. A first offense will typically be charged as a Class A misdemeanor. Such a charge would carry a sentence of up to one year in jail and a maximum fine of $2,500. The individual would generally be eligible for probation. If, however, the incident causes the death of a child then the individual will be charged with a Class 3 felony, which can result in up to ten years in prison. This, in addition to the fact that the individual will be saddled with a permanent criminal record, which will make passing a background check highly difficult. Any subsequent charges for child endangerment, after one has previously been convicted of the offense, will be brought as felony counts.
It should be understood that an Illinois resident can face additional charges if the child endangerment is linked to another crime. Suppose, for example, that Jane Doe is pulled over for drunk driving and she has her child in the car. Nervous about the situation, Jane attempts to give a fake name to the police officer. Jane will likely face numerous criminal charges. First, she can be charged with misdemeanor child endangerment for transporting the child while intoxicated. Second, she will be charged with aggravated DUI. Finally, she will also likely be charged with “obstructing identification” due to her providing a fake name. Such a charge would be a Class A misdemeanor. The more charges an individual faces, then the longer the potential sentence.
Peoria parents must understand how child endangerment charges impact child custody proceedings
If a parent is involved in a family law matter then child endangerment charges can greatly impact any Court proceedings. Illinois Courts will change child custody when circumstances have changed since the last custodial order and the proposed change would serve the best interests of the child. For obvious reasons, a child endangerment arrest will be seen as constituting “changed circumstances.” Also, Courts will often place restrictions on a parent who drives while intoxicated with the child. Depending on the circumstances, such a parent may find themselves facing supervised visitation. While how a Court will rule is always going to depend on the specifics of the matter, it should be understood that Judges will take child endangerment charges very seriously.
If you or a family member have been charged with child endangerment then contact my office today to speak with a Peoria criminal defense lawyer. I am a former prosecutor who is familiar with the workings of our local court system. I understand that this is a serious time in your life and my office will give your case the attention it needs and deserves. Contact us online or by telephone today. In addition to Peoria, we also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.