What Is Child Endangerment in Texas?
Child endangerment in Texas is a felony offense under Texas Penal Code § 22.041 that occurs when someone places a child under 15 in danger of death, bodily injury, or physical or mental impairment. The charge carries 180 days to two years in state jail and fines up to $10,000.
If you’re facing a child endangerment investigation or charge in Dallas, the consequences extend far beyond criminal penalties. You could lose custody of your children, face CPS intervention, and carry a permanent felony record. Contact a Dallas child endangerment lawyer at Varghese Summersett immediately. Our team includes Board Certified criminal law specialists and former prosecutors who have defended hundreds of clients against these serious allegations.
How Does Texas Define Child Endangerment?
Texas law defines child endangerment as intentionally, knowingly, recklessly, or negligently placing a child younger than 15 in imminent danger. The offense can occur through direct action or failure to act when you have a legal duty to protect the child.
The law covers a broad range of conduct. A parent who drives intoxicated with children in the car, leaves a child unsupervised in dangerous conditions, or exposes a child to domestic violence could face charges. Texas prosecutors often file child endangerment charges alongside other offenses like DWI with a child passenger or drug possession.
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What Conduct Leads to Child Endangerment Charges in Texas?
Child endangerment charges in Dallas commonly arise from drug-related conduct. Under Texas law, specific situations automatically constitute endangerment. Manufacturing methamphetamine in the presence of a child is child endangerment. Making methamphetamine accessible to a child who then tests positive for the drug is child endangerment. Using any Penalty Group 1 controlled substance around a child is child endangerment.
Penalty Group 1 substances include cocaine, heroin, fentanyl, methamphetamine, oxycodone, methadone, codeine, and opium. Texas treats drug-related endangerment seriously because of the immediate physical danger these substances pose to children.
Beyond drug offenses, prosecutors file endangerment charges when children are left in hot cars, exposed to unsanitary or dangerous living conditions, or present during violent altercations. Each case depends on whether the prosecution can prove the child faced genuine danger of harm.
What Are the Penalties for Child Endangerment in Texas?
Child endangerment is a State Jail Felony in Texas. A conviction carries 180 days to two years in a state jail facility and fines up to $10,000. Unlike prison sentences, state jail time does not qualify for parole or early release for good behavior.
The criminal penalties represent only part of the consequences. A felony conviction creates a permanent record that affects employment, housing, and professional licensing. For parents, the stakes are even higher. CPS may open an investigation that could result in removal of your children from the home, supervised visitation requirements, or termination of parental rights in extreme cases.
A Dallas child endangerment lawyer can fight both the criminal charges and any parallel CPS proceedings. These cases require coordinated defense strategies because statements made in one proceeding can affect the other.
What Defenses Apply to Child Endangerment Cases?
Texas law provides one specific statutory defense to child endangerment. If the act or omission allowed the child to engage in an athletic activity or practice with appropriate safety equipment, this conduct does not constitute endangerment.
Beyond this statutory defense, experienced defense attorneys raise numerous challenges to these charges. The prosecution must prove actual danger existed. Many cases involve subjective judgments about parenting decisions that reasonable people could view differently. If the child was never in genuine imminent danger, the charge should not stand.
Other defenses focus on the defendant’s mental state. Prosecutors must prove you acted intentionally, knowingly, recklessly, or at minimum negligently. Accidents and unforeseen circumstances do not meet this standard. False accusations from custody disputes, mistaken identity, or misinterpretation of circumstances also form the basis of successful defenses.
Have questions about defenses to your specific situation? Call 214-903-4000 for a free consultation with a Board Certified criminal defense attorney.
What Should I Do If Police Suspect Child Endangerment?
If law enforcement contacts you about a child endangerment investigation, exercise your right to remain silent and contact a Dallas child endangerment lawyer immediately. Do not speak to police without an attorney present, regardless of how innocent the situation seems.
Police are legally permitted to lie to suspects during questioning. Officers have years of training in interrogation techniques designed to obtain incriminating statements. Even truthful explanations can be taken out of context or used to build a case against you. The Fifth Amendment exists specifically to protect people in this situation.
Child Protective Services will likely open a parallel investigation. CPS has significant power to compel cooperation because refusing to participate can result in court orders restricting access to your children. However, everything you say to a CPS caseworker will be shared with law enforcement and potentially used against you in criminal proceedings.
Your attorney can advise you on how to respond to CPS inquiries while protecting your constitutional rights. This balance is critical. You need to demonstrate cooperation with child welfare concerns while avoiding self-incrimination on criminal charges.
Why Choose Varghese Summersett for Your Defense?
Child endangerment cases demand attorneys who understand both criminal defense and family law implications. Varghese Summersett brings unique qualifications to these complex cases. Benson Varghese, Anna Summersett, and Letty Martinez hold Board Certification in Criminal Law from the Texas Board of Legal Specialization. Only lawyers who pass rigorous testing and peer review can claim this credential.
Our firm has defended clients against serious allegations for over two decades. The partners have individually tried more than 100 cases to jury verdict. This trial experience matters because prosecutors know which attorneys are prepared to fight in court. That reputation affects plea negotiations and case outcomes from day one.
We also coordinate criminal defense with CPS case strategy. Many law firms handle only one side, leaving clients vulnerable in the other proceeding. Our approach protects your liberty and your family.
Frequently Asked Questions About Child Endangerment in Texas
Can I go to prison for child endangerment in Texas?
Child endangerment is a State Jail Felony punishable by 180 days to two years in state jail. State jail differs from prison and does not allow parole or early release for good behavior. However, first-time offenders may qualify for probation instead of incarceration with strong legal representation.
Will I lose custody of my children if charged with child endangerment?
A child endangerment charge typically triggers a CPS investigation separate from the criminal case. CPS may seek temporary custody changes while investigating. However, charges do not automatically result in custody loss. Your attorney can fight both the criminal case and any family court proceedings to protect your parental rights.
What if the child was never actually harmed?
Texas law does not require actual harm for child endangerment charges. The prosecution must prove the child was placed in imminent danger of death, bodily injury, or impairment. However, the absence of actual harm is a significant factor in building your defense and negotiating outcomes.
Should I talk to CPS investigators?
Consult a lawyer before speaking with CPS. While refusing to cooperate entirely can have consequences in family court, CPS shares information with law enforcement. Your attorney can help you navigate these interactions to protect both your parental rights and your constitutional protections against self-incrimination.
How long does a child endangerment investigation take?
Investigations vary from weeks to months depending on complexity. Cases involving drug testing, medical examinations, or multiple witnesses take longer. Having an attorney involved early can sometimes expedite resolution by presenting favorable evidence and facilitating appropriate cooperation.
Contact a Dallas Child Endangerment Lawyer Today
Child endangerment allegations threaten your freedom, your family, and your future. The time to act is now. Early intervention by experienced defense counsel can influence whether charges are filed, how CPS proceeds, and the ultimate outcome of your case.
Varghese Summersett has defended clients throughout Dallas and North Texas against serious criminal charges for over 20 years. Our Board Certified attorneys and former prosecutors understand how to build effective defenses while protecting your relationship with your children.
Call 214-903-4000 now for a free, confidential consultation. We’ll review the facts of your case, explain your legal options, and begin building your defense strategy today.
