Endangering the Welfare of a Child Lawyer in NYC

Facing child endangerment charges in New York is never straightforward. The uncertainty of the potential impact on your family and a complex legal system can keep anyone awake at night. But you don’t have to face this alone. Criminal defense attorney Mehdi Essmidi understands your concerns.

As a former prosecutor, Mehdi is uniquely prepared to provide an aggressive defense against your charges. If you’re facing child endangerment charges in New York, don’t hesitate to reach out for a free consultation.

Common Child Endangerment Examples

Child endangerment carries serious consequences under New York law. Here are some common examples:

Drug Use in the Presence of a Child: Using drugs around children is considered a form of child endangerment. This includes using, manufacturing, or distributing illegal substances.

Leaving a Child Unattended at Home: Leaving children alone at home can result in child abuse charges. The child’s maturity level, the length of time they were left alone, and their safety are all factors considered by the court.

Leaving a Child Unattended in a Car: Leaving a child alone in a car can lead to child abuse charges.

Exposing a Child to Domestic Violence: Even if children are not physically harmed, parents who expose them to domestic violence can be charged with child endangerment in New York City.

Exposing a Child to Inappropriate Sexual Behavior: Any exposure of children to inappropriate sexual behavior or material is considered to endanger a child’s welfare.

Exposing a Child to Harmful Media: Allowing children access to violent, explicit, or inappropriate media for their age and maturity level can also be classified as a crime.

Failing to Prevent Access to Dangerous Weapons: Failure to prevent access to firearms or knives could result in charges of child endangerment (besides gun possession charges).

Child Endangerment Laws

New York Penal Law § 260.00 Abandonment of a Child

This law applies when a parent, guardian, or caregiver deserts a child under fourteen with the intent to permanently abandon them.

Although the statute includes limited exceptions for safely surrendering a newborn under thirty days old, most instances of leaving a child unsupervised can lead to a Class E felony charge.

These cases often turn on questions of intent, safety, and the circumstances of the child’s care, making skilled legal guidance essential for anyone facing such allegations.

New York Penal Law § 260.10 Endangering the Welfare of a Child

This law makes it a crime to threaten a child’s physical, mental, or moral welfare. Child endangerment is not limited to physical harm. It can include exposing a child under the age of 18 to situations that could cause emotional distress or moral harm.

Parents or guardians can be charged with child neglect. Additionally, any person responsible for the care of children, even temporarily, can face abuse and neglect charges if they knowingly put children at risk. Endangering the welfare of a child is a Class A misdemeanor that can lead to up to a year in jail and $1000 in fees.

Child Protective Services (CPS)

Child Protective Services (CPS) is the state agency responsible for ensuring the safety and well-being of children.

If you’re facing child abuse charges, it’s likely that New York State CPS will be involved in your case. CPS investigations can be intimidating. Their involvement often adds another layer of complexity to an already delicate situation.

This is where an experienced child abuse defense lawyer can ensure your rights are protected at all times.

Mandatory Reporting of Suspected Child Abuse

New York City’s administration requires that certain professionals report suspected child abuse and neglect, which can also include allegations that parents are not providing medical care or welfare for their children.

While this law is designed to protect children from harm, it can sometimes lead to false or exaggerated allegations as well as cultural misunderstandings. A wrong interpretation by a teacher or social worker, for example, could result in an unnecessary investigation and charges against you.

Possible Child Endangerment Defenses

There are specific defenses that an experienced criminal defense attorney may use to weaken the prosecution’s case. Here are some potential defenses that may apply in your case:

• Lack of Evidence
• False Accusations
• Actions Were Not Knowingly Harmful
• Actions Were Justified
• Violation of Your Rights

Contact Our Criminal Defense Lawyer for a Free Consultation

Our criminal defense lawyers believe that everyone deserves a fair defense. That’s why we offer a free consultation to review the details of your case. Don’t let child neglect charges dictate your future. We guarantee personal attention to your case, ensuring that you work directly with Attorney Essmidi rather than junior attorneys. Contact us for a free consultation.

Frequently Asked Questions

How to get a child endangerment charge dropped?

This would involve proving a lack of evidence, exposing false accusations, showing that your actions were not knowingly harmful or were justified under the circumstances, or revealing violations of your rights during the investigation or arrest process. Contact a criminal defense lawyer to go over the details of your case.

Will I go to jail if I’m convicted of child endangerment in New York?

A conviction for child neglect is usually a Class A misdemeanor. However, they can result in jail time and more elevated charges depending on the circumstances of the case, such as when a guardian knowingly acts in a way that harms a child, a child has access to a weapon, or cases where child pornography is involved.

When should I contact a criminal lawyer in New York?

You may want to reach out to an endangering the welfare of a child lawyer if you are accused of conduct that allegedly puts a child at a substantial risk of harm under New York Penal Law. Because these cases often involve child protective services, family court, and criminal court, early guidance can help you understand your rights and avoid a negative reaction from the system.

How does the Family Court Act apply when a child is labeled a neglected or abused child?

The Family Court Act governs proceedings in which the court must decide whether a child is a neglected child or an abused child. These determinations often rely on whether a parent or guardian fails to exercise reasonable diligence to protect such a child from harm. While criminal charges focus on guilt, family court actions center on the child’s welfare.

What if a juvenile delinquent is involved in an incident leading to endangering allegations?

If a juvenile offender is accused of a child endangerment charge, the case may be handled differently under the Family Court Act, which focuses on rehabilitation. Conduct involving older teens may be evaluated differently because courts often examine the teen’s role. However, adults involved may still face charges under NY Penal Law if their actions contributed to a harmful environment.

Can endangering allegations affect custody or guardianship rights?

Yes. Allegations may influence custody or guardian decisions, especially if children’s services believes the parent failed to protect the child or exercised poor supervision, even without a criminal conviction.