Child Abuse – California Penal Code § 273a(a) and § 273a(b)

What Is Child Abuse in California?

Child abuse in California can be prosecuted under several statutes, but Penal Code §§ 273a(a) and 273a(b) are among the most common. Both sections criminalize causing or permitting harm to a child, yet they differ in severity based on the circumstances.

Because these cases involve children, law enforcement and prosecutors approach them aggressively, and even an accusation can have lasting personal and professional consequences. Children’s statements are sometimes unreliable, especially in family disputes or custody conflicts. In some cases, they may be misunderstood, influenced, or misinterpreted.

Given the high stakes and complexity, anyone accused of violating Penal Code § 273a should contact an experienced defense firm like Radford & Rome, LLP immediately. Early intervention often makes the difference between dismissal and conviction.

Elements of Child Abuse Under Penal Code § 273a

To secure a conviction under Penal Code § 273a, the prosecution must prove several elements beyond a reasonable doubt. The statute has two main subsections, each with different requirements and potential penalties.

Penal Code § 273a(a) – Felony or Misdemeanor (“Wobbler”)

The prosecution must prove that the defendant:

• Willfully inflicted or permitted unjustifiable physical pain or mental suffering on a child, under circumstances likely to produce great bodily injury or death.
• Acted with willfulness, meaning the act was intentional rather than accidental.

Penal Code § 273a(b): Misdemeanor

For the lesser subsection, the prosecution must show that:

• The defendant’s conduct was not likely to cause great bodily injury or death, but still amounted to unjustifiable physical pain, mental suffering, or endangerment.

Criminal Negligence (in some cases)

If the conduct was reckless or showed disregard for human life, prosecutors may argue that it meets the definition of criminal negligence, even if no injury occurred.

It is not necessary for the child to actually suffer great bodily injury for the charge to apply. The court looks at whether the circumstances could have caused such harm. Evidence such as medical records, photos, or witness statements often determines how the case is charged and whether plea offers are available.

Penalties and Consequences

Because Penal Code § 273a is a wobbler, it can be charged as either a felony or a misdemeanor depending on the severity of the alleged conduct.

• Felony: 2, 4, or 6 years in state prison; lifetime firearm ban; potential “strike” under California’s Three Strikes Law.
• Misdemeanor: Up to 1 year in county jail and a fine of up to $6,000.

A felony conviction is permanent, may be considered a crime of moral turpitude, and can carry immigration and professional licensing consequences. On a third strike, it can result in a sentence of 25 years to life.

Common Defenses and Strategies

Each child abuse case is unique and highly fact-specific. The following defenses are commonly raised, depending on the evidence and circumstances:

Reasonable Discipline

Parents and guardians are legally permitted to discipline their children, including limited corporal punishment, as long as it is reasonable. If the discipline was proportionate and did not result in serious injury, this may serve as a defense.

Lack of Willfulness

If the defendant’s conduct was accidental or unintentional, the element of willfulness is not met. Accidental injury, such as a child being hurt by an unforeseen hazard, does not automatically amount to child abuse.

False or Exaggerated Accusations

False allegations can arise during contentious divorces or custody battles. The defense can challenge the credibility of witnesses, inconsistencies in statements, and the reliability of the child’s account.

Accidental Injury

If the injury occurred due to an accident rather than abuse or neglect, and the caregiver did not act with recklessness or disregard for safety, the charge may not be sustainable.

Related Offenses

• Penal Code § 273ab – Assault on a Child Resulting in Death or Paralysis
• Penal Code § 273d – Inflicting Corporal Injury on a Child
• Penal Code § 271 – Child Abandonment
• Penal Code § 270 – Failure to Provide Support

Why You Should Hire Radford & Rome, LLP

A child abuse accusation can destroy reputations and families before a case ever reaches court. At Radford & Rome, LLP, our attorneys are former prosecutors with extensive experience in child abuse and serious felony defense throughout Southern California. We know how these cases are investigated, charged, and proven and how to challenge them effectively.

If you are accused of violating Penal Code § 273a(a) or § 273a(b), contact Radford & Rome, LLP today for a confidential consultation and let our team start protecting your rights and your future.