dicindiolaw | December 21, 2020 |
Endangering the Welfare of a Child due to a DUI
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West Chester DUI Attorney
If you are caught driving under the influence / DUI and have a child in the vehicle who is under the age of 18, you may be charged with the crime of Endangering the Welfare of a Child. The crime of Endangering the Welfare of a Child carries severe penalties under the state’s sentencing guidelines – above and beyond what you may face for the DUI itself.
The statute’s language for the crime of Endangering the Welfare of a Child is aimed at punishing those who knowingly place children (those who they have a duty to protect) in a position of potential psychological and/or physical harm.
Chester County Criminal Defense
At this current time, the case law guiding DUI and Endangering the Welfare of a Child cases is heavily in support of the proposition that operating a vehicle with a child in the car while DUI is enough to meet the elements of “EWOC” crime, as well. Specific arguments based on the circumstances of each particular case of course dictate the likelihood of conviction – making it crucial to thoroughly investigate your case and formulate a strong defense strategy when you are charged with Endangering the Welfare of a Child due to a DUI / driving under the influence offense.
If you have been charged with a DUI / driving under the influence offense or any other crime, contact Michael D. DiCindio, Esq. at DiCindio Law, LLC today.
§ 4304. Endangering welfare of children.
(a) Offense defined.–
(1) A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.
(2) A person commits an offense if the person, in an official capacity, prevents or interferes with the making of a report of suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to child protective services).
(3) As used in this subsection, the term “person supervising the welfare of a child” means a person other than a parent or guardian that provides care, education, training or control of a child.
(b) Grading.–
(1) Except as provided under paragraph (2), the following apply:
(i) An offense under this section constitutes a misdemeanor of the first degree.
(ii) If the actor engaged in a course of conduct of endangering the welfare of a child, the offense constitutes a felony of the third degree.
(iii) If, in the commission of the offense under subsection (a)(1), the actor created a substantial risk of death or serious bodily injury, the offense constitutes a felony of the third degree.
(iv) If the actor’s conduct under subsection (a)(1) created a substantial risk of death or serious bodily injury and was part of a course of conduct, the offense constitutes a felony of the second degree.
(2) The grading of an offense under this section shall be increased one grade if, at the time of the commission of the offense, the child was under six years of age.
Contact Mike DiCindio, West Chester DUI lawyer, to schedule your free initial consultation today.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.
Mike DiCindio is a West Chester criminal defense attorney who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.
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