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Wisconsin Child Endangerment Charges

If you are accused of child endangerment, contact a criminal lawyer from Cafferty & Scheidegger in Racine for a free consultation.

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Wisconsin Child Endangerment Charges

Child endangerment charges are quite serious in Wisconsin. Children have many legal protections under the Wisconsin statutes. Parents who are believed to be putting a child at risk of harm is subject to child endangerment criminal charges. Under § § 948.21, Neglecting a child, any person who is responsible for the welfare of a child and who, due to an action or failure to act, contributes to the neglect of a child, can be charged with child endangerment. The result could be a Class A misdemeanor, a Class H felony (for bodily harm), a Class F felony (for great bodily harm), or a Class D felony (if death is the consequence).

kenosha-pressed-charges-child-endangerment

Individuals who drive under the influence can be charged if a child is present at the time of the arrest. As Mothers Against Drunk Driving (MADD) reports, it is a misdemeanor to drive drunk with a child passenger under 16. If any person is injured or killed, the charges that are filed against the drunk driver will be far more extreme. A conviction can result in harsh consequences, including the following:

  • Fines from $350 to $1,110
  • Jail time up to six months
  • Driver’s License revocation for 4 years

If you are accused of child endangerment, the stakes are high.

Wisconsin Child Protective Services may decide that your children are at risk under your care; once the children are removed from your custody, it can be very difficult to get them back. To do so, you may be facing an extended battle, including psychological evaluations, home visits from the agency, and several court hearings. So it is imperative that any person accused of child endangerment gets a lawyer immediately. The risk of losing custody, as well as the legal consequences of any drunk driving charge, must all be handled carefully and with great legal skill. Parents who are accused of any criminal activity in the home are at risk of facing charges of child neglect or endangerment. If you are charged with any of these, they come with serious legal consequences if you are convicted. Get help before your case proceeds any further, as your ability to retain custody, as well as your freedom, can be lost.

How We Can Help: Cafferty & Scheidegger in Racine and Kenosha

Our firm’s founder is a highly respected legal professional who has achieved many notable victories in difficult criminal cases. He has been listed in Wisconsin Super Lawyers® for ten consecutive years, rated 10.0 Superb on Avvo, and ranked AV Preeminent® in Criminal Law by Martindale-Hubbell®, as well as being listed in Best Lawyers in America. We represent those who are charged with child endangerment in the communities of Racine, Kenosha, Mt. Pleasant, Caledonia, and throughout Walworth County and other areas of Southeast Wisconsin.

Call us today to discuss your case. We want to hear your side of the story. Police are not always accurate in their assessment of situations, or may not even be acting within the limits of the law. You may be a victim of a rights violation, an illegal stop, or other action that was outside the law. Let our Wisconsin criminal lawyers review the facts in your case as early as possible after your arrest. The sooner our firm gets involved, the more opportunities there may be for your defense. Call now for the professional counsel you need if facing any charges related to child endangerment.

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Frequently Asked Questions

What is child endangerment in Wisconsin?
Wisconsin charges child neglect under § 948.21, which covers any person responsible for the welfare of a child who, through action or failure to act, contributes to the neglect of the child. The base offense under § 948.21(1) is a Class A misdemeanor. The classification escalates if the neglect causes bodily harm (Class H felony, up to 6 years), great bodily harm (Class F felony, up to 12.5 years), or death (Class D felony, up to 25 years prison).
How long do you go to jail for child endangerment in Wisconsin?
Depends on the harm caused. Base neglect under § 948.21(1) is a Class A misdemeanor (up to 9 months jail). Neglect causing bodily harm is a Class H felony (up to 6 years prison). Neglect causing great bodily harm is a Class F felony (up to 12.5 years). Neglect causing death is a Class D felony (up to 25 years). Child abuse under § 948.03 is a separate statute with classifications running from Class I felony (intentional causing of bodily harm) up to Class C felony (intentional causing of great bodily harm).
What does the State have to prove for child neglect?
Under § 948.21, the State must prove three elements beyond a reasonable doubt: (1) the defendant was responsible for the welfare of the child, (2) the defendant intentionally contributed to the neglect of the child through action or failure to act, and (3) for the higher tiers, that the neglect caused bodily harm, great bodily harm, or death. The intent element distinguishes neglect from accident, and 'responsibility for welfare' under § 948.01(3) reaches beyond legal parents.
Can I be charged with child endangerment for an OWI with a child in the car?
Yes. Wisconsin treats OWI with a passenger under 16 as a separate enhanced charge under § 346.65(2)(f). The penalty effectively doubles the jail and fine exposure of the underlying OWI tier. The driver's license revocation also extends. In addition, prosecutors may add a child-neglect charge under § 948.21 when the conduct created a substantial risk of harm. Both charges can be filed simultaneously.
Will Child Protective Services remove my children if I'm charged?
Possibly. Wisconsin DCF and county Child Protective Services operate under Wis. Stat. ch. 48 separately from criminal prosecution. A criminal arrest involving a child can trigger an immediate CHIPS (Child in Need of Protection or Services) petition under § 48.13, which can result in removal pending hearing. Coordination between criminal-defense counsel and family-court counsel is essential because statements made in either proceeding can be used in the other.
Can a child endangerment charge be reduced or dismissed?
Yes, in many cases. Common reduction paths include amendment from a felony tier to the base Class A misdemeanor when the State cannot prove the harm element, amendment to disorderly conduct (Class B misdemeanor) in some prosecutions, deferred-prosecution agreements with parenting-class completion, and pretrial dismissal when the State cannot prove the defendant's responsibility for the child's welfare or the intent element. Body-cam footage, CPS reports, and witness statements should be reviewed early.
What is the difference between child neglect and child abuse in Wisconsin?
Child neglect under § 948.21 covers contributing to neglect through action or omission, with classification scaling by harm. Child abuse under § 948.03 covers intentional or reckless infliction of bodily harm, with classification scaling by intent and harm. Intentional causing of great bodily harm under § 948.03(2)(a) is a Class C felony (up to 40 years prison). Reckless causing of bodily harm is a Class I felony. The intent element separates the two statutes.
Will a child endangerment conviction affect custody of my other children?
Yes. A child-neglect or child-abuse conviction is highly relevant in family-court placement and custody proceedings under Wis. Stat. ch. 767. § 767.41(5)(am) requires the court to consider a parent's criminal record affecting the child's safety in any custody determination. A felony conviction under § 948.21 or § 948.03 can result in supervised placement, loss of joint legal custody, and termination of parental rights under § 48.415 in extreme cases.
What does the State have to prove for the bodily-harm tier?
For the Class H felony tier under § 948.21(2), the State must prove the underlying neglect plus that the neglect caused 'bodily harm,' defined at § 939.22(4) as physical pain or injury, illness, or any impairment of physical condition. For the Class F tier, the State must prove 'great bodily harm,' defined at § 939.22(14) as substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of any bodily function. The harm threshold is the most contested issue at trial and at sentencing.
How much does a Wisconsin child endangerment defense lawyer cost?
Most misdemeanor child-neglect engagements run as a flat fee. Felony engagements scale with the felony class and projected motion practice, including coordination with concurrent CHIPS or family-court proceedings. The investment is small relative to the collateral cost of a child-neglect conviction: prison exposure up to 25 years, loss or limitation of custody and placement, mandatory CPS referral, and (for felony convictions) federal firearm prohibition under 18 U.S.C. § 922(g)(1).

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From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

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The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 32 years of trial skills and courtroom experience.

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