Connecticut Risk of Injury to a Minor Lawyer

Being arrested for Risk of Injury to a Minor is one of the most stressful and frightening experiences a parent or caregiver can go through. Under Connecticut law, this charge is codified in Connecticut General Statutes §53-21. It’s incredibly broad, and because of that, police often tack it onto cases where children are even near the alleged misconduct.

For example, if you are arrested for domestic violence and children are in the home, you could also face Risk of Injury charges. If you are stopped for DUI with your kids in the car, Risk of Injury is almost always added. Police use this statute as a catch-all to protect children, but it often sweeps up people who never intended to harm anyone.

The stakes could not be higher: Risk of Injury is a Class C felony punishable by up to 10 years in prison and a permanent felony record. Beyond that, the Department of Children and Families (DCF) typically becomes involved, placing your parental rights under scrutiny.

What the Law Actually Says

Connecticut General Statutes §53-21 has two main parts:

Situational Endangerment – Making a child under 16 live in or be exposed to a situation where their health or morals may be endangered.
Contact Endangerment – Having sexual or harmful physical contact with a child in a way that endangers them.

For most clients, the first part is what applies. The problem is that “endanger the health or morals of a child” is very vague. This allows police to apply the statute to a wide range of behavior — some truly dangerous, but others relatively minor.

Because the statute is so broad, cases often depend heavily on interpretation, context, and the way the facts are presented in court.

Common Scenarios Where Risk of Injury Is Added

Domestic Violence Arrests

This is probably the most common scenario. Police are called to a home for an argument between spouses or partners. If children are present — even if asleep upstairs — officers will almost always add Risk of Injury to the domestic violence charges.

DUI with Kids in the Car

If you are pulled over for drunk driving and your child is in the back seat, expect a Risk of Injury charge on top of DUI. Prosecutors see this as a severe aggravating factor because the child was placed in direct danger.

Drug Possession or Sales

If drugs, paraphernalia, or weapons are found in a home where children live, police often file Risk of Injury charges. Even if drugs are not being used in front of children, the mere presence of contraband is enough for an arrest.

Unsafe Conditions

Risk of Injury can also be charged in situations where living conditions are alleged to be unsafe: exposed wires, filthy homes, accessible knives or weapons, or leaving children unattended.

In addition to the felony Risk of Injury (§53-21), police sometimes charge the lesser misdemeanor offense of §53-21a (Leaving Child Unsupervised in a Motor Vehicle or Public Place). This often happens if, for example, you leave your child alone in the car for a few moments while running into a store.

Real-Life Example Scenarios

Domestic Violence Call Gone Wrong
A husband and wife get into a shouting match in Stamford. The neighbors call 911. When police arrive, the couple’s 12-year-old son is upstairs playing video games. No one threatened or harmed the child, but police still arrested the husband for Disorderly Conduct and Risk of Injury because the child “witnessed” the fight.

Quick Errand Becomes an Arrest
A mother leaves her 6-year-old in the car with the windows down while she runs into a pharmacy. A passerby calls the police. Officers arrest her for §53-21a. Although no harm came to the child, the act of leaving the child unattended triggered criminal charges.

DUI with Kids in the Car
A father is pulled over in Norwalk after rolling through a stop sign. His 3-year-old and 5-year-old are strapped in the back seat. He blows over the legal limit and is charged with DUI and two counts of Risk of Injury.

Why This Charge Is So Serious

The consequences of a Risk of Injury arrest go far beyond the criminal courtroom:

Felony Conviction – A Class C felony record that cannot be erased.
DCF Involvement – Almost guaranteed parallel investigations that affect parenting rights.
Custody and Divorce Impact – Family court judges often adjust custody orders when these charges appear.
Collateral Consequences – A felony record can affect employment, licensing, housing, and immigration.
Jail Exposure – A conviction carries up to 10 years in prison and a $10,000 fine.

Defending Against Risk of Injury Charges

While serious, these cases are defensible. Many charges are filed reflexively by police rather than based on real danger. An experienced defense lawyer can:

Challenge police assumptions and show the children were never at risk.
Demonstrate that arguments or stressful situations do not automatically equal endangerment.
Cross-examine neighbors or relatives who exaggerated events.
Apply for Accelerated Rehabilitation (AR) for first-time offenders.
Negotiate reductions from felony §53-21 to misdemeanor §53-21a.
Highlight weak or speculative evidence to create reasonable doubt.

What to Do If You’re Arrested

Do Not Make Statements – Anything you say to police or DCF can be used against you.
Comply with Orders – Follow protective orders or safety plans to the letter.
Call a Lawyer Immediately – Early intervention opens up better options.
Prepare for DCF – Expect interviews and home visits. Do not go in unprepared.
Document Everything – Keep texts, notes, and proof that children were safe.

FAQs About Risk of Injury to a Minor

1. Is Risk of Injury always a felony?
Yes. Risk of Injury under §53-21 is a Class C felony with up to 10 years in prison and a permanent record. In less severe cases, police may charge the misdemeanor version under §53-21a instead.

2. Can Risk of Injury charges be dropped?
Yes. Many cases are reduced or dismissed once evidence shows the child was not in real danger. A strong defense can highlight the lack of proof and push prosecutors toward a more reasonable outcome.

3. Will DCF get involved if I’m charged?
Almost always. A Risk of Injury arrest usually triggers a DCF investigation, which runs concurrently with your criminal case. This can impact parenting and custody rights if not handled carefully.

4. What if the child wasn’t actually harmed?
You can still be charged because the law only requires a risk of harm, not actual injury. This is why many people are surprised to face felony charges even when no child was physically hurt.

5. Can I get this charge erased from my record?
If your case is dismissed or you complete Accelerated Rehabilitation (AR), the charges can be erased. But if you are convicted, it will stay on your record permanently and cannot be expunged.

6. Do I need a lawyer for Risk of Injury charges?
Absolutely. This is a felony with life-changing consequences, so you need an experienced lawyer to fight for you. A lawyer can challenge the charges, negotiate reductions, and protect your family.

7. Can Risk of Injury be added to domestic violence cases?
Yes, and it happens often. Police frequently add this charge if children were present during a domestic incident, even if they were not directly involved. This makes an already stressful case much more serious.

8. What’s the best defense if I’m innocent?
The strongest defense is to show that the child was never truly at risk. Your lawyer can use texts, witnesses, and other evidence to demonstrate that the police overreacted or misinterpreted the situation.

Call Allan F. Friedman Today

If you are facing Risk of Injury to a Minor charges in Stamford, Norwalk, Greenwich, or anywhere in Connecticut, the consequences are too serious to face alone. I’ve defended clients against these charges for over 30 years. I know how to challenge weak cases, negotiate reductions, and protect your rights as a parent.

📞 Call me today at (203) 357-5555 for a free consultation, or reach out through my contact page. I’ll fight to protect your freedom, your family, and your future.