First Degree Child Endangerment Lawyer

First Degree Child Endangerment Attorneys in St. Louis, MO

Combs Waterkotte’s criminal defense lawyers understand that first degree child endangerment charges often arise from misunderstandings, exaggerated accusations, or outright fabrications. Even still, if you’re facing a charge of endangering the welfare of a child in St. Louis, you need to get in touch with an experienced attorney right away.

Because these charges are felonies that involve children, prosecutors tend to pursue charges aggressively, seeking the maximum legal penalties under the law. A conviction can mean decades or even a lifetime in prison and the forfeiture of many civil rights.

At Combs Waterkotte, our clients and their defense are our primary focus. When we represent you, we start with a free, confidential consultation to understand the facts of your case. Once we have them, our experienced team gets to work to build you the best defense possible.

When you’re ready to fight against your first degree child endangerment charges and protect your reputation and your freedom, fill out our online form or call us at (314) 900-HELP. Remember: A conviction can change your life — and so can a good criminal defense.

What is First Degree Child Endangerment in St. Louis?

Under Missouri law, there are quite a few elements that constitute first degree child endangerment in St. Louis. Technically entitled “Endangering the welfare of a child in the first degree,” the statute, RSMo §568.045, says the offense is committed when someone:

• Knowingly puts a child under 17 under a substantial risk to their life, body, or health
• Knowingly has sexual contact with a child under 18 to whom they are a parent or guardian
• Knowingly helps a child under 17 engage in certain weapons offenses or certain drug offenses
• Knowingly manufactures certain controlled substances in the presence of a child under 17

There are several criminal acts that fit into these categories for which someone can be charged with first degree child endangerment. The best thing to do to understand what constitutes the offense is to take a look at some examples.

Subjecting a Minor to Danger

Causing a “substantial risk to the life, body, or health” of a child can mean a lot of things. Driving intoxicated with a child in the vehicle or committing domestic violence in front of a child are common offenses that can result in a first degree child endangerment charge.

First degree child endangerment can also come from less openly violent or reckless actions, like leaving a child unattended in a hot car for too long, leaving a loaded firearm within reach of a child, or even leaving a young child home alone for too long without supervision.

Sexual Offenses Against a Child

Because the statute mentions sexual conduct with a person under 18 over whom the offender “is a parent,” incestual offenses can qualify for a first degree child endangerment charge.

More commonly, though, sexual offenses that constitute first degree child endangerment come from people who are a “guardian, or otherwise charged with the care and custody” of the child — instances like a babysitter sexually abusing a child or a sports coach committing statutory rape.

Aiding a Child in a Weapons Offense

Under Missouri law, there are strict age limits around handgun usage and ownership, which is why helping or allowing a child to commit weapons offenses is considered first degree child endangerment.

You may be charged with child endangerment for allowing a child to bring a handgun to school, allowing a child to conceal and carry a firearm, instructing a minor to participate in an illegal shooting, or any other weapons offense listed in RSMo §571.

Aiding a Child in a Controlled Substance Offense

Allowing or helping a child to violate any controlled substance offense listed in RSMo §579 is first degree child endangerment. Asking a minor to deliver illegal drugs, having a child package or store illegal drugs, or even using a minor as a lookout during a drug deal can result in a conviction.

Manufacturing Drugs in the Presence of a Minor

Manufacturing drugs in front of a minor or in the home in which a child lives can result in a first degree child endangerment charge. The statute goes so far as to list the drugs that apply:

• Fentanyl
• Carfentanil
• Amphetamine
• Methamphetamine
• Any analogs of these substances

What Are the Penalties for First Degree Child Endangerment in St. Louis?

Because the offenses involve minors, first degree child endangerment is a felony charge in St. Louis. Most often, it’s charged as a Class D felony, which carries a prison sentence up to 7 years. There are, however, certain aggravating factors that can elevate the charges:

• First degree child endangerment is a Class C felony with a possible prison sentence of 3 to 10 years if the act is a subsequent offense or part of a pattern of activity that involves multiple people
• First degree child endangerment is a Class B felony with a 5 to 15 year prison sentence without the possibility of parole for at least 5 years when:
  • Fentanyl or carfentanil (or their analogs) are involved, or
  • The child is seriously physically injured
• First degree child endangerment is a Class A felony with a possible sentence of 10 to 30 years or life in prison if the child dies

What to Do If You’re Charged with First Degree Child Endangerment in St. Louis

The serious nature of a first degree child endangerment charge can feel overwhelming. But there are plenty of things you can do and legal rights you can exercise to give yourself the best chance at achieving a good outcome in your case. If you’re facing first degree child endangerment charges in St. Louis, Combs Waterkotte recommends doing the following:

Exercise Your Right to Remain Silent

If you are questioned about child endangerment allegations, you are not required to answer police questions. Investigators may try to ask you how the child was supervised, what happened in the home, or whether drugs, weapons, or other hazards were present.

Police will ask these questions under the guise of just “clearing things up,” but what they’re actually doing is collecting evidence against you. Politely refuse to answer any questions without an attorney present.

Contact a Criminal Defense Lawyer

Hire a criminal defense lawyer as soon as you can. First degree child endangerment charges can involve child protective services investigations, forensic interviews, and complex evidence. Legal guidance is critical for navigating these situations and protecting your rights.

Do Not Contact the Child or Anyone Involved in the Case

Interacting with the child, their parents, their guardians, or potential witnesses in the case can prove detrimental to your defense. Attempting to explain your side of the story could be interpreted as intimidation or witness tampering.

Comply with Court Orders

In a first degree child endangerment case, you may face an order of protection; it’s important to follow it. If the alleged victim lives in your home, you may have to leave the residence or avoid contact with the child. While this may be inconvenient, violating these conditions can lead to additional criminal charges.

Do Not Return to the Location of the Alleged Incident

Do not return to the home, vehicle, or property where the child was present. Law enforcement may treat the area as evidence, and your presence may be interpreted as interfering with the investigation.

Preserve Evidence

Hold on to any evidence that may show the child was safe and properly supervised. This may include text messages, video footage, photos, medical records, or witness statements that demonstrate that the child was not in danger or that the situation has been mischaracterized.

Criminal Defense Strategies Against First Degree Child Endangerment Charges in St. Louis

Though first degree child endangerment is treated with scrutiny by investigators and prosecutors, a good attorney can still develop an effective criminal defense that can lead to a favorable result. Here are some of the most common criminal defense strategies against first degree child endangerment charges in St. Louis.

Lack of intent

Missouri law requires prosecutors to prove that the defendant knowingly created a substantial risk to the child’s life, body, or health. If the situation was accidental, misunderstood, or the defendant was unaware of the alleged danger, the prosecution may not be able to prove intent.

No Substantial Risk to the Child

Not every unsafe or questionable situation meets the legal definition of a “substantial risk.” A defense may focus on showing that the child was never actually in any serious danger, even if law enforcement or investigators believe otherwise.

False or Exaggerated Allegations

Child endangerment allegations sometimes arise during tense situations like custody disputes, family conflicts, or neighborhood complaints. A defense attorney may challenge the credibility of witnesses or expose motives to fabricate or exaggerate claims.

Insufficient or Unreliable Evidence

Prosecutors must prove the charge beyond a reasonable doubt. If the case relies on uncorroborated witness statements, assumptions about the situation, or incomplete investigations, the defense may argue that the evidence is not strong enough to support a conviction.

The Defendant Was Not Responsible for the Child

Some first degree child endangerment cases hinge on who had custody, supervision, or control of the child during the alleged incident. If the defendant was not the person responsible for the child’s care at the time, criminal liability may not apply.

Challenging Drug or Weapon Allegations

In cases where the charge stems from drug activity or firearm access, the defense may argue that the defendant did not knowingly allow the child access to these items or was unaware that they were present.

Violation of Constitutional Rights

Evidence obtained through illegal searches, improper interrogations, or other violations of the defendant’s Fourth Amendment, Fifth Amendment, or Miranda rights may be suppressed in court. This can significantly weaken the prosecution’s case.