Connecticut Risk of Injury to a Minor Lawyer

Connecticut police, prosecutors and judges aggressively enforce and prosecute child endangerment crimes. As many of the best defense attorneys and lawyers know, however, these laws are written so broadly that they encompass a very wide range of circumstances.

Frequently, the charge of risk of injury to a minor is added on to other charges in domestic violence disputes and other situations where law enforcement officials are called.

The risk of injury charges are often much more serious than the underlying charges, so it is important to work with a Connecticut risk of injury to a minor lawyer on your case. A distinguished domestic violence attorney who is familiar with how the courts handle these cases can help you work toward a strong result for your particular case.

What Does the Law Say?

The crime of risk of injury to a minor is described in Connecticut General Statutes §53-21. The law forbids anyone from placing a child under 16 in a risky situation. It applies to risks to the child’s life, their physical and emotional health, or their morals.

The actions that put the child at risk must be intentional. However, that does not mean that you must intend to harm the child. It means only that you intentionally acted in a way that put them at risk, even if you had no specific intent to harm.

This charge is always a felony, and it carries severe consequences, including prison sentences. Prosecutors often pursue  Risk of Injury to a Minor charges after domestic violence incidents and in cases related to sexual contact with a child. It may seem like an add-on charge not directly related to the underlying issue, but it is imperative to take the charge very seriously and get a highly experienced Connecticut risk of injury attorney to defend you. 

What Can Get Someone Arrested for Risk of Injury?

Although a wide variety of circumstances could arguably pose a risk to the health or morals of a child and get you arrested for Connecticut risk of injury to a minor charges under CGS 53-21, some of the more frequent scenarios occur when:

• Children are in the home during a domestic violence arrest
• A child under 12 is left unattended in the home or car
• A parent is caught committing a crime while accompanied by a child
• A parent or nanny is arrested for DUI with a child in the car
• A child is exposed to graphic sexual images online or in print
• Illegal drug use in the home puts the child at risk; 
• Delaying necessary medical care or a parent’s noncompliance with a doctor’s instructions; and
• Harsh physical discipline or depriving the child of food, water, clothing, or shelter

In light of the fact that all Connecticut risk of injury arrests are felonies with grave penalties, a risk of injury to a minor charge must be taken very seriously and should involve the help of a trusted attorney. In addition to fines and terms of imprisonment, other potential consequences include an investigation by the Department of Children and Families which could lead to a child’s removal from the home.

Fighting Situational Risk of Injury Arrests

Offenses involving risk of injury to minors are sometimes referred to as child endangerment. The statute most commonly invoked in these situations is §53-21(a)(1) of the Connecticut code which is often called situational risk of injury by top Connecticut risk of injury criminal lawyers. This statute describes three different types of conduct that will be considered a risk of injury violation.

A Connecticut risk of injury to a minor attorney knows that someone could be arrested for situational risk of injury to a minor for placing a minor under the age of 16 in a situation that either:

• Creates a danger to the life or limb of the child
• Creates a likelihood of injury to the child’s health
• Creates a likelihood that the child’s morals will be impaired

Arrests for Risk of Injury are considered a Class C felony. As a result, it is punishable by up to 10 years of jail and a fine as high as $10,000.

The Charge Complicates Family Violence Cases

Cases involving family violence are already challenging. They involve mandatory arrests and protective orders, can damage your reputation and personal relationships, and affect your employment, school enrollment, and housing. Resolving a family violence charge can require significant effort on your part, but when a child’s safety is in question, it elevates the concerns of prosecutors and judges.

When a child is present in the home when there is an incident of family violence, it may trigger a risk of injury charge. It does not matter whether the child was involved in the incident, and the charge could be brought even if the child suffered no harm. Exposure to the incident is enough to support the charge in some cases.

Prosecutors can use this serious felony charge as leverage when negotiating a resolution to the underlying charges. Work with a seasoned risk of injury attorney in Connecticut who can negotiate with the prosecution and push back against any overreach.

What Does it Mean to be Arrested for Contact with Intimate Parts?

The second subsection in Connecticut’s Risk of Injury statute is CGS 53-21(a)(2) and describes the most serious of the risk of injury to minor offenses in Connecticut. This provision contains a prohibition against touching the intimate body parts of a minor under the age of 16 or allowing the minor to touch the intimate body parts of an adult in a way that can be considered sexual and indecent and that is likely to impair the heath or morals of the minor child. Because this crime is classified as a Class B felony, those convicted face up to 20 years in prison and a fine of to $15,000. You will also be required to register as a sex offender for at least 10 years.

Unlawful Transfer of Custody in Connecticut

The final provision of the risk of injury to a minor statute concerns the transfer of permanent custody of a minor under the age of 16. If an individual in Connecticut either transfers permanent custody of a child in exchange for money or anything else of value or acquires custody in exchange for valuable consideration, then the individual may be found guilty of a violation.

This provision does not apply to legally sanctified adoption procedures. A violation of this third provision is considered a Class C felony with maximum penalties identical to those of the first provision.

A Connecticut lawyer can help protect your rights and start right away to work toward the ideal outcome based on the circumstances of your risk of injury to a minor case. Your attorney will serve as your advocate and provide guidance at every step during the Connecticut court proceedings.

DCF Investigations Relating to Child Endangerment

Some arrests for risk of injury to a minor involve other people’s children. If the child in question is your child or a member of your household, you can expect DCF to open an investigation. This investigation is entirely separate from the criminal proceedings—even if the prosecutor drops a charge against you, DCF can continue its investigation.

DCF investigators have a lot of power. If they believe your child is in imminent danger, they can remove the child from your home. Even if they do not remove the child, they can implement a safety plan that requires you to participate in various services that may or may not be necessary. If you do not strictly comply with the safety plan, investigators can remove the child on that basis.

Preserving your family may be your priority when facing an intent to injure charge. Work with an attorney with extensive experience handling cases in Connecticut criminal courts and working with DCF to resolve child endangerment issues.

Call a Connecticut Risk of Injury Attorney Now

Contact our firm to begin reviewing the details of your case with a trusted legal advocate. Our Connecticut risk of injury to a minor lawyers are prepared to advocate on your behalf to pursue the best possible outcome in your given circumstances.

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