PC 273ab: Causing Death or Paralysis on a Minor

Legal Definition: (a) Any person, having the care or custody of a child who is under eight years of age, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child’s death, shall be punished by imprisonment in the state prison for 25 years to life.  Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 189.

(b) Any person, having the care or custody of a child who is under eight years of age, who assaults the child by means of force that to a reasonable person would be likely to produce great bodily injury, resulting in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature, shall be punished by imprisonment in the state prison for life with the possibility of parole. As used in this subdivision, “ paralysis ” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.

For a person to be convicted of a violation of PC 273ab, the prosecution must show that:

1. You had care or custody of a child who was under the age of 8;

2. You did an act that by its nature would directly and probably result in the application of force to the child;

3. You did that act willfully;

4. The force used was likely to produce great bodily injury;

5. When you acted, you were aware of facts that would lead a reasonable person to realize that your act by its nature would directly and probably result in great bodily injury to the child;

6. When you acted, you had the present ability to apply force likely to produce great bodily injury to the child;

7. Your act caused the child’s death or paralysis or the child was comatose.

AND

8. When you acted, you were not reasonably disciplining a child.

What does this mean?

Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.

An act can cause death if:

1. The death was the natural and probable consequence of the act;

2. The act was a direct and substantial factor in causing the death;

AND

3. The death would not have happened without the act.

A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence. A substantial factor is more than a trivial or remote factor. However, it does not need to be the only factor that caused the death. The terms ‘care or custody’ do not imply a familial relationship but only a willingness to assume duties correspondent to the role of a caregiver.

Penalties

A conviction for causing death or paralysis to a minor is a felony only offense. If you are found guilty of a violation of PC 273ab(a)for causing death to a minor under 8 years old, you could be sentenced to 25 years to life in State Prison. If you are convicted under PC 273ab(b), by causing paralysis, you would face a punishment of 7 years to life in State Prison. You would be required to serve at least 80% of that time in custody. This would be considered a “Super Strike” in California since the punishment is death or life imprisonment upon a conviction. You could also be subject to stiff fines and fees, and civil lawsuits that could last forever. A violation under PC 273ab(a) or PC 273ab(b) is a strike offense in California, subjecting you to California’s Three Strike Law. It also would likely lead to an automatic loss of your Professional License, and immediate deportation under Immigration Law.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of Rights

There are several elements to this charge that make it easily defensible if you find the right representation. For example, if you were not aware of facts that would lead a reasonable person to realize that your act by its nature would directly and probably result in great bodily injury to the child, then you cannot be found guilty of this charge. This could be anything that it’s done to the child, that a reasonable person would not think that the act would result in the injury or death to the child.

In another example, if you were reasonably disciplining your child during normal parental punishment, then that can act as a defense to the charges here. It depends on the level and degree of what you do that lead to the injury, and that is why the term “reasonable” is included. If the discipline is not reasonable, according to an objective standard, then you cannot say you were simply disciplining your child.

Call Today

Facing a charge as severe as that outlined in PC 273ab, which addresses child abuse leading to death or paralysis, can thrust you into the gravest legal battle of your life, with the specter of life imprisonment in State Prison looming. In such critical circumstances, the selection of your legal representation is not just a decision—it’s a lifeline. You require a defense attorney not only experienced in high-stakes litigation but also one with a proven ability to tilt the scales of justice in your favor.

At Inland Empire Criminal Defense, our PC 273ab Ontario attorney specializes in navigating the complex waters of cases involving severe child abuse allegations. Our profound understanding of the legal system in California, combined with a thorough approach to defense, positions us as a pivotal ally in your corner.

Why Inland Empire Criminal Defense for PC 273ab Cases?

• Specialized High-Stakes Defense: Our attorney’s focus on PC 273ab(a) and PC 273ab(b) cases means your defense benefits from a depth of experience in handling severe child abuse charges, ensuring a nuanced and powerful approach to your case.
• Track Record of Favorable Outcomes: Our reputation is built on a foundation of successfully defending against the most serious allegations, offering hope and a strategic defense tailored to the unique aspects of your case.
• Comprehensive Legal Insight: Leverage our extensive knowledge of California’s legal landscape to strengthen your defense, ensuring that every potential legal avenue is explored and utilized to your advantage.

Begin Your Defense Journey with Inland Empire Criminal Defense

The path through charges under PC 273ab is fraught with challenges and potential life-changing consequences. Inland Empire Criminal Defense is prepared to provide the specialized legal representation required to navigate this daunting journey.

Contact Inland Empire Criminal Defense Today

If you’re facing charges under PC 273ab, don’t face this critical moment alone. Reach out to Inland Empire Criminal Defense at 909-939-7126 for a complimentary initial consultation. Our team, available 24/7, is here to offer the support, guidance, and expert defense necessary to confront these allegations. Located in Ontario, CA, we stand ready to stand firm for your defense, safeguarding your future and rights.