Simple Assault & Battery: California Penal Codes 240, 242
A California PC 240 simple assault charge is one of the more common misdemeanor arrests in the...
By: The Bail House on Jun 24, 2024 9:28:29 AM
California PC 273a arrest — child endangerment — is one of the hardest situations a family can face. The allegations often involve people who love the child in question. Cases can arise from a single bad decision, a misunderstanding, a mental health crisis, or a genuine pattern of abuse. Whatever the circumstances, the consequences under California law are significant and the process moves quickly.
This guide walks through what PC 273a actually covers, how the subsections work, what happens in the parallel Child Protective Services (CPS) investigation, how bail is set in Nevada County, and what to do first if a loved one is arrested.
For the broader context on how bail works generally, see our guide How Does Bail Work in California? For related family violence charges, see our complete guide to domestic violence charges.
If you need to talk to someone right now, we're at (530) 265-0535, 24 hours a day.
California Penal Code 273a addresses willful conduct that causes a child to suffer harm or that places a child in a dangerous situation. It applies to parents, guardians, caregivers, teachers, daycare providers — anyone with responsibility for a child at the time of the alleged conduct.
The statute covers four broad categories of conduct:
Physical harm. Willfully inflicting unjustifiable physical pain or mental suffering on a child.
Neglect. Failing to provide necessary care, supervision, medical attention, food, water, or protection — or permitting a child to suffer from lack of these.
Dangerous environments. Placing a child in a situation where their health or safety is endangered. This includes exposing children to drug manufacturing, active violence, unsafe living conditions, or dangerous adults.
Leaving children unattended. Leaving a child in circumstances that could result in harm — depending on age, location, and duration.
Importantly, PC 273a doesn't require that the child was actually injured. Placing the child in a situation where injury was likely can be enough. This is why prosecutors sometimes file PC 273a charges even in cases where the child came through unharmed.
PC 273a's severity turns on one distinction, and this is the most important thing to understand about the statute:
PC 273a(a) — Felony version. Applies "under circumstances or conditions likely to produce great bodily harm or death." This is the felony subsection. It carries state prison sentences of 2, 4, or 6 years and is treated as a serious offense.
PC 273a(b) — Misdemeanor version. Applies "under circumstances or conditions other than those likely to produce great bodily harm or death." Misdemeanor-only. Carries up to one year in county jail plus fines.
The prosecutor chooses which subsection to file based on the specific facts — how dangerous the situation actually was, whether the child suffered any injury, the defendant's history, and other circumstances. A drug use situation with children present might be charged under 273a(b) if no injury occurred, or 273a(a) if the exposure was severe enough to be considered life-threatening.
A defense attorney's early advocacy often affects which subsection gets filed — one of many reasons to get legal representation involved quickly.
PC 273a rarely stands alone. Other charges commonly filed together:
PC 273d — Corporal injury to a child. When actual physical injury results from cruelty, this separate statute may apply. Wobbler — can be filed as misdemeanor or felony. Carries state prison time on the felony side.
PC 273ab — Assault causing death or coma to a child under 8 by caretaker. One of the most serious child abuse statutes in California, carrying life in prison. Applied in the most severe cases.
PC 273a with sentencing enhancements under PC 12022.95 — Willful cruelty resulting in death of a child. Under the Nevada County bail schedule, this enhancement adds around $250,000 in bail.
Domestic violence charges — PC 273.5 or PC 243(e)(1). When the conduct against the child occurs in a domestic setting and there's also an intimate partner in the household, DV charges may accompany PC 273a. See our complete guide to domestic violence charges.
DUI with child in the vehicle — VC 23572 enhancement. If the alleged endangerment involved driving under the influence with a child in the car, DUI-related child endangerment enhancements can apply on top of the DUI charge.
The Nevada County Bail Schedule sets presumptive base amounts for PC 273a charges. Actual bail can vary based on the specific facts, judge's assessment, and any enhancements that apply.
Base bail amounts under the current Nevada County schedule:
Enhancements that can stack on top:
Realistic examples:
At 10% bail bond premium: a $35,000 bail means a $3,500 premium. A $50,000 bail means $5,000. A $100,000 bail means $10,000.
California prosecutes child endangerment aggressively for several reasons:
Vulnerability of the child. The law recognizes that children can't protect themselves or advocate for themselves.
Mandatory reporting laws. California has some of the most extensive mandatory reporter requirements in the country. Teachers, doctors, nurses, therapists, school administrators, daycare workers, coaches, clergy, and law enforcement are all legally required to report suspected child abuse or endangerment to law enforcement or Child Protective Services (CPS). This means cases often reach police through professional channels — not just family or neighbor complaints.
Public policy. California has actively strengthened child protection laws over the past three decades. Prosecutors are trained to pursue these cases with particular seriousness.
Child Protective Services (CPS) involvement. This is one of the most important things families face after a PC 273a arrest and it's often the most emotionally difficult part of the process.
When a PC 273a case is filed, a parallel CPS investigation almost always opens. This is separate from the criminal case and operates on its own timeline and rules.
What CPS can do:
What CPS cannot do:
How the two processes interact.
Critical rule: Anything the accused says to a CPS investigator can be used in the criminal case. Talk to a defense attorney before speaking to CPS in detail — especially about the specific conduct being investigated.
Beyond jail or prison time, a PC 273a conviction — even at the misdemeanor level — creates consequences that follow families for years.
Family court and custody. Under California Family Code 3044, a recent finding of child abuse or endangerment creates a legal presumption against custody for the accused parent. This applies to both criminal convictions and CPS/dependency court findings. It can affect current custody arrangements as well as any future custody disputes.
Criminal record. Even misdemeanor convictions create a permanent record. Expungement under PC 1203.4 may be possible after probation is completed, but child endangerment convictions are seen by many employers and licensing boards even after expungement.
Professional licenses. Anyone with a caregiving-related license — teachers, nurses, daycare workers, foster parents, social workers, therapists — faces automatic license review or revocation on a PC 273a conviction. For many defendants, this can effectively end a career in the field.
Firearm restrictions. Felony PC 273a convictions trigger the federal felon-in-possession prohibition. Even some misdemeanor conduct can affect firearm rights depending on the specific case.
Immigration consequences. For non-citizens, PC 273a convictions — especially felony versions — can qualify as "crimes involving moral turpitude" or "aggravated felonies" under federal immigration law, potentially triggering deportation.
Employment and housing. Background checks for many jobs will flag PC 273a convictions, especially anything involving working with children, healthcare, or education. Some landlords also screen for these convictions.
Child welfare and adoption. A PC 273a conviction affects the ability to foster or adopt children in the future, and creates complications in blended family situations, step-parent adoptions, or grandparent guardianship arrangements.
Call us. (530) 265-0535, day or night. We'll verify the booking at the Nevada County Jail (Wayne Brown Correctional Facility), find out the specific PC 273a subsection charged, and start the bond process.
Hire a criminal defense attorney with experience in child abuse cases. These cases have specific procedural rules and involve parallel CPS/dependency court proceedings. Not every criminal defense attorney handles these well. If you don't have one, ask us for referrals.
Understand CPS may already be involved. By the time criminal charges are filed, there's often a parallel CPS investigation underway. An attorney can help you understand how these processes interact.
Do not speak with CPS investigators without an attorney. Even a friendly-sounding conversation with a CPS worker can produce statements that get used in the criminal case. Say you'd like to speak through your attorney and stop there.
Understand any no-contact orders that come with release. Bail conditions often prohibit contact between the accused and the child. If the accused is a parent or lives in the same household, this typically means the accused cannot return home until conditions are modified — sometimes for weeks or months.
Plan for temporary childcare or housing arrangements. If children need to be with another parent, relative, or arrangement while the case proceeds, get that in place quickly. The parent/caregiver who is NOT the accused should be prepared to be the primary caregiver during the pending case.
Address professional license exposure early. If the accused holds a teaching credential, nursing license, or any other license involving children or vulnerable populations, notify your defense attorney immediately. Some licensing boards require self-reporting within specific timelines from arrest.
Document everything relevant. Photos of the home, medical records, communications, witness statements. These cases often turn on small details that are hard to reconstruct later.
Is PC 273a always a felony?
No. PC 273a(a) is felony-only, PC 273a(b) is misdemeanor-only. The prosecutor decides which subsection to file based on how dangerous the situation was. If great bodily harm or death was likely, it's a felony; if not, it's a misdemeanor.
What's the difference between PC 273a and PC 273d?
PC 273a addresses situations where a child was placed in danger or made to suffer (whether or not actual injury occurred). PC 273d specifically addresses cases where a child suffered corporal injury. Both can be filed in the same case if applicable.
What happens with CPS when I bail my loved one out?
Bailing someone out of jail doesn't resolve the CPS investigation. CPS operates independently and may still have concerns about the child's safety even after bail. Bail conditions often include no-contact orders that affect where the accused can live during the case.
Can PC 273a be reduced from felony to misdemeanor?
PC 273a(a) is not a wobbler in the traditional sense (unlike PC 273.5 or PC 368(b)(1)). However, a defense attorney can sometimes negotiate a felony PC 273a(a) charge down to a misdemeanor PC 273a(b) through plea negotiations, especially in less severe cases. After conviction, PC 17(b) reduction may be possible for cases that were originally charged in a way that allows it.
Will a PC 273a conviction affect custody of my other children?
Yes, potentially significantly. Under California Family Code 3044, a recent finding of child abuse creates a presumption against custody. This applies to family court custody disputes and can also affect step-parent adoption, guardianship arrangements, and international travel with children.
What if my child was in the car when I got a DUI?
This is a common scenario and typically results in DUI charges plus a VC 23572 enhancement for having a minor in the vehicle, which adds jail time and fines. In more severe cases (e.g., high BAC or accident), PC 273a charges may also be filed on top of the DUI. See our DUI Arrests and Bail Bonds guide for more.
Bail House Bail Bonds has been serving Nevada County families for over 50 years. Child endangerment cases are among the most sensitive situations we handle, and we approach them with the discretion these families deserve.
When you call us about a PC 273a arrest:
If you're in the middle of this right now, the only thing you need to do is call (530) 265-0535. We'll take it from there.
For related reading:
A California PC 240 simple assault charge is one of the more common misdemeanor arrests in the...
California PC 368 arrest — elder or dependent adult abuse — is one of the most emotionally charged...