Protecting Your Family, Defending Your Rights: Child Endangerment Defense in Austin, Texas
A moment of distraction. A decision you now regret. An accusation from an ex-partner. A report to Child Protective Services. Suddenly, you are facing a charge of child endangerment—a crime that carries not only criminal penalties but also the potential loss of custody of your children. In Texas, child endangerment charges are taken seriously. The consequences extend far beyond the courtroom: loss of parental rights, CPS involvement, and a permanent criminal record that affects employment, housing, and professional licensing.
At Barton & Associates, Attorneys at Law, we defend parents and caregivers across Austin and Central Texas against child endangerment and neglect charges. Whether you are facing allegations of leaving a child unattended, driving with a child while impaired, or exposing a child to dangerous conditions, we understand how quickly a situation can escalate. Our attorneys have spent decades in Travis County courtrooms and beyond, handling the most sensitive family and criminal cases with skill and discretion.
We know that these cases often involve CPS investigations, family disputes, and allegations that are exaggerated or false. We know how to challenge the State’s evidence, work with CPS to protect your parental rights, and build a defense that keeps your family intact. We know that a parent’s worst fear is losing their children—and we are here to help you fight for your family.
If you are facing a child endangerment charge, you are not alone. Let us help you protect your family and your future.
Understanding Child Endangerment in Texas
Under Texas law, a person commits child endangerment if they intentionally, knowingly, recklessly, or with criminal negligence engage in conduct that places a child under 15 in imminent danger of death, bodily injury, or physical or mental impairment.
The Elements:
The State must prove:
- You engaged in conduct
- That placed a child under 15
- In imminent danger of death, bodily injury, or physical or mental impairment
- And you acted intentionally, knowingly, recklessly, or with criminal negligence
Types of Endangerment:
- Endangerment by Omission: Failing to act when you have a duty to protect the child
- Endangerment by Act: Engaging in conduct that creates danger (DWI with child, leaving child unattended, exposing child to drugs, etc.)
The Penalty:
- State Jail Felony: 180 days to 2 years in state jail
- Third-Degree Felony: 2 to 10 years in prison (if serious bodily injury occurs)
- Second-Degree Felony: 2 to 20 years in prison (if the conduct was intentionally or knowingly)
CPS Involvement:
A child endangerment charge will trigger an investigation by Child Protective Services (CPS). The stakes go beyond the criminal case—your parental rights are at risk.
For residents across Central Texas, a child endangerment charge can threaten your family.
What Is the Penalty for Child Endangerment in Texas?
The penalty for child endangerment depends on the nature of the conduct and whether injury occurred.
Endangerment (Reckless or Criminal Negligence):
- State jail felony
- 180 days to 2 years in state jail
- Fine of up to $10,000
Endangerment (Intentionally or Knowingly):
- Third-degree felony
- 2 to 10 years in prison
- Fine of up to $10,000
Endangerment Causing Serious Bodily Injury:
- Second-degree felony
- 2 to 20 years in prison
- Fine of up to $10,000
Collateral Consequences:
- CPS Investigation: Automatic referral to Child Protective Services
- Loss of Parental Rights: The state may seek to restrict or terminate your parental rights
- Felony Criminal Record: A permanent felony conviction
- Loss of Firearm Rights: A felony conviction results in lifetime prohibition
- Employment: Many employers will not hire individuals with felony convictions
- Professional Licensing: Licensing boards may deny or revoke licenses
For those in the Austin area, a child endangerment conviction can tear your family apart.
How to Defend a Child Endangerment Charge
Defending against a child endangerment charge requires a strategic approach. The stakes are high, and CPS will be involved.
Defense 1: No Imminent Danger
The State must prove the child was in imminent danger. If the danger was speculative or remote, you have a defense. Your attorney can argue:
- The child was never at risk
- The situation was under control
- The alleged conduct did not create a danger
Defense 2: No Criminal Intent
The State must prove you acted intentionally, knowingly, recklessly, or with criminal negligence. If your conduct was accidental or unintentional, you have a defense.
Defense 3: False Allegations
Child endangerment allegations often arise in the context of:
- Custody disputes
- Contentious divorces
- Revenge from an ex-partner
- Misunderstandings or exaggeration
Evidence of false allegations may include:
- Inconsistent statements by the accuser
- Motive to lie (custody disputes, revenge)
- Witnesses who contradict the accuser’s story
- The absence of physical evidence
Defense 4: The Conduct Was Not Endangerment
The State must prove your conduct meets the legal definition of endangerment. Your attorney can argue that your actions were reasonable under the circumstances.
Defense 5: You Were Not the Caregiver
The endangerment statute applies to persons with a duty to care for the child. If you were not the primary caregiver, you may have a defense.
Defense 6: Unlawful Search or Arrest
If the evidence was obtained through an illegal search or arrest, your attorney can file a motion to suppress.
For those in Central Texas, a strong defense can mean the difference between losing your children and keeping your family intact.
The CPS Factor: Protecting Your Parental Rights
When a child endangerment charge is filed, CPS will open an investigation. The stakes go beyond the criminal case—your parental rights are at risk.
What CPS Investigates:
- Whether the child is safe in your home
- Whether there are other risk factors
- Whether your parental rights should be restricted
How CPS Can Respond:
- Safety Plan: The child stays with another family member while you address the issues
- Monitoring: CPS checks in periodically
- Removal: In extreme cases, the child may be placed in foster care
- Termination of Parental Rights: In severe cases, the state may seek to permanently terminate your rights
Protecting Your Rights:
- Cooperate with CPS, but do not provide information without your attorney
- Demonstrate that the incident was isolated
- Show that you are a fit parent
- Work with your criminal defense attorney to coordinate your response
For residents across the Austin metro area, protecting your parental rights is as important as defending the criminal charge.
DWI With Child: A Common Endangerment Charge
One of the most common child endangerment charges is DWI with a child passenger. A first DWI with a child is a state jail felony—a full grade higher than a standard DWI.
The Elements:
- You operated a motor vehicle while intoxicated
- A child under 15 was in the vehicle
The Penalty:
- State jail felony
- 180 days to 2 years in state jail
- Fine of up to $10,000
Defending DWI With Child:
- Challenge the underlying DWI (was the stop legal? were the tests accurate?)
- Argue that the child was not in imminent danger (was the child properly restrained? was the driving safe?)
- Present mitigating evidence (you are a fit parent; this was an isolated incident)
For those in the Austin area, a DWI with child is a serious charge that requires an aggressive defense.
Leaving a Child Unattended
Leaving a child unattended—in a car, at home, or in another setting—can lead to child endangerment charges.
What the State Must Prove:
- You left the child unattended
- The child was under 15
- The child was in imminent danger
Defending Unattended Child Cases:
- No Imminent Danger: The child was safe; you were gone for a short time; the child was old enough to be left alone
- Emergency: You left the child because of an emergency
- Reasonable: A reasonable person would have done the same
The Danger:
What you see as a quick errand can be charged as endangerment. The prosecutor may argue that leaving a child alone, even briefly, creates a danger.
For residents across Central Texas, leaving a child unattended requires careful handling.
Drug Exposure and Endangerment
Exposing a child to drugs—through use in the home, leaving drugs accessible, or manufacturing drugs—can lead to child endangerment charges.
What the State Must Prove:
- You exposed the child to drugs
- The exposure created a risk of harm
- You acted intentionally, knowingly, or recklessly
Defending Drug Exposure Cases:
- No Exposure: The child was not exposed to drugs
- No Risk: The drugs were not accessible to the child
- No Knowledge: You did not know the drugs were there
- Rehabilitation: You have addressed any substance use issues
For those in the Austin metro area, drug exposure cases often involve CPS involvement and the risk of losing custody.
Deferred Adjudication for Child Endangerment
For first-time offenders, deferred adjudication may be available. This can keep a felony off your record and help you maintain custody of your children.
How Deferred Adjudication Works:
- You plead guilty or no contest
- The court defers a finding of guilt
- You complete probation (typically 1-5 years)
- Conditions may include parenting classes, counseling, community service, and fines
- If you complete probation successfully, the case is dismissed
- No conviction on your record
The Importance of Deferred Adjudication:
A felony conviction can be used against you in custody proceedings. Deferred adjudication keeps your record clean and helps you maintain your parental rights.
For residents across Central Texas, deferred adjudication is often the goal in a child endangerment case.
Frequently Asked Questions About Child Endangerment in Austin, Texas
When parents come to our office—whether from the urban core of Austin, the suburbs to the north and south, or the Hill Country communities—they often have questions about child endangerment charges. Here are the answers to the most common inquiries we receive.
What is the penalty for child endangerment in Texas?
Child endangerment is a state jail felony (180 days to 2 years) for reckless conduct, a third-degree felony (2 to 10 years) for intentional conduct, and a second-degree felony (2 to 20 years) if serious bodily injury occurs.
Will CPS take my child?
CPS will investigate. In most cases, if the incident is isolated and you cooperate, your child will not be removed. However, CPS may require a safety plan or monitoring.
What is the difference between child endangerment and child neglect?
Child endangerment involves conduct that creates a risk of harm. Child neglect involves failing to provide basic necessities—food, shelter, medical care.
Can I get deferred adjudication for child endangerment?
Yes, in some cases. First-time offenders may be eligible for deferred adjudication, which results in dismissal of the case with no conviction on your record.
What if the allegations are false?
If the allegations are false, your attorney can present evidence of the accuser’s motive to lie, inconsistent statements, and other evidence of false allegations.
What if I was the victim of domestic violence?
If you were the victim of domestic violence, the endangerment may have been caused by the abuser. Your attorney can present evidence of the abuse.
Do I need an attorney for a child endangerment charge?
Yes. A child endangerment charge can result in prison time and loss of parental rights. You need an experienced attorney who can defend the criminal case and work with CPS to protect your family.
Why Barton & Associates for Child Endangerment Defense in Austin
Child endangerment cases are among the most sensitive and high-stakes cases we handle. Our attorneys have spent decades in courtrooms across Central Texas, defending parents and caregivers against these charges with skill and compassion.
We know the local prosecutors. We know the CPS investigators. We know the judges. And we know how to build a defense that addresses both the criminal case and the safety of your children. We will fight to keep your family together.
Take the First Step Toward Protecting Your Family
If you are facing a child endangerment charge, your family is on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of protecting your parental rights and keeping your family intact.
Contact our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your family and your future.
Main Category: Criminal Defense Austin
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)
