Children are precious cargo. State law attempts to ensure that people traveling with a child do what they can to protect the minor. Any driver over 18 with passengers under 16 committing certain traffic violations could also face child endangerment charges.

Contact an aggressive criminal attorney immediately when you are charged with endangering a child. A Goose Creek child endangerment lawyer could protect your rights while providing the strongest defense possible.

What is Child Endangerment?

In South Carolina, child endangerment is an add-on charge when someone allegedly engages in conduct while operating a motor vehicle that presents an unreasonable risk to a child. Anyone under 16 is a child under the law. Exposing a child to a potentially dangerous situation could lead to child endangerment charges even when the child does not suffer an injury.

According to South Carolina Code § 56-5-2947, anyone 18 or older transporting people under 16 in a motor vehicle could face child endangerment charges if they fail to stop when a law enforcement officer attempts to pull them over or if they are driving under the influence of alcohol or drugs. When the driver is under 21, any measurable amount of alcohol or drugs is enough to support a drunk driving charge.

A driver faces only one child endangerment charge regardless of the number of children in the vehicle. Additionally, the accused cannot face child endangerment penalties unless convicted of an underlying offense. Therefore, it is critical to retain an experienced Goose Creek attorney to defend against the underlying traffic charge in conjunction with the child endangerment charge.

What Are the Penalties for Child Endangerment Charges?

The prosecutor must prove the elements of the underlying traffic charge and demonstrate that someone under 16 was a passenger in the vehicle when the offense took place.

When the sentence for the underlying charge is a fine, the alleged offender could face an additional fine of one-half the maximum fine permitted for the underlying charge. When the sentence for the underlying charge involves incarceration, the child endangerment charge could increase the jail or prison sentence by 50 percent of the maximum allowable sentence for the traffic charge.

A hardworking lawyer in Goose Creek could negotiate a reduced or alternative sentence to the underlying traffic offense; however, the alleged offender must serve the child endangerment sentence. The law does not allow the court to suspend or reduce the sentence or assign probation instead of incarceration.

How to Defend a Child Endangerment Charge

The defense to any crime depends on the circumstances of the offense. For example, a Goose Creek lawyer could defend a child endangerment charge by proving that no passengers under 16 were present in the vehicle when the offense occurred.

The driver did not commit child endangerment if no children were in the vehicle. Similarly, the prosecutor cannot prove child endangerment when the driver was under 18 at the time of the offense because the law applies only to situations where the driver is 18 or older and a passenger is under 16.

Often, a child endangerment defense focuses on defending the underlying charge. When the charge relates to failure to stop, an attorney in Goose Creek could present reasons why the driver did not stop, such as having no safe place to pull over. Police misconduct also could provide a defense to a criminal charge. For example, when the police fail to respect someone’s rights or do not adhere to proper procedures, a legal professional could ask the judge to suppress the evidence the police obtained illegally, leading the prosecutor to dismiss the charges.

Work with a Goose Creek Attorney to Defeat a Child Endangerment Charge

A child endangerment charge could add significant penalties to an underlying traffic offense. Working with a defense attorney adept at managing the complications these charges present is critical.

Contact a Goose Creek child endangerment lawyer immediately if you had a young passenger in your car when you were arrested for a traffic offense. A seasoned legal professional could bring all their knowledge and skills to bear to achieve the most favorable results possible. Call today.