New York Child Endangerment Defense Lawyer

Facing child endangerment charges in New York can be exhausting. 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.

Child Endangerment Under New York Penal Law

Under New York Penal Law § 260.10, child neglect, also known as endangering the welfare of children, is defined as threatening a child’s physical, mental, or moral welfare.

Child endangering 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.

Common Examples of Child Endangerment Charges

Child endangering 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 endangering. 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 the overall safety of the environment are all factors considered by the court.

Leaving a Child Unattended in a Car

Even a brief period of 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. Witnessing violence can have severe emotional and psychological impacts on a child.

Exposing a Child to Inappropriate Sexual Behavior

Any exposure of children to inappropriate sexual behavior or material is considered endangering a child’s welfare. This includes direct involvement or indirect exposure, such as access to explicit content.

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 dangerous weapons such as firearms or knives could result in charges of child endangering.

Penalties for a Child Endangerment Conviction

New York Penal Law sees child abandonment as a serious offense that carries significant penalties depending on the severity of the endangerment, whether it’s a first-time offense or a repeat offense, and other circumstances surrounding the case.

Beyond jail time, a conviction can also result in fines and probation. Regular check-ins with a probation officer, mandatory counseling, parenting classes, and restrictions on contact with the child involved can be determined. A conviction can lead to loss of custody or visitation rights for parents.  New York child endangerment defense lawyer Mehdi Essmidi is ready to help in your defense.

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, welfare, or even adequate nutrition 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 child abuse defense lawyer may use to weaken the prosecution’s case. Here are some potential defenses that may apply in your case:

Lack of Evidence: The prosecution must prove beyond a doubt that you intentionally placed a child’s physical, mental, or moral welfare in danger. If they fail to provide sufficient evidence supporting their claims, the charges against you may be dismissed.

False Accusations: Unfortunately, false accusations occur, often in long custody battles, personal disputes, and domestic violence allegations. If you believe you have been falsely accused, your defense might be able to use that angle in court.

Actions Were Not Knowingly Harmful: To prove that the welfare of a child was at risk, the prosecution must determine that you knowingly put the child in a vulnerable position. If we could demonstrate that your actions were unintentional or that you were unaware they could cause harm, this could form a strong defense.

Actions Were Justified: In certain situations, what might seem like endangering could actually be justified under the circumstances. For instance, leaving a teenager home alone because of an emergency might not constitute endangerment.

Violation of Your Rights: If your rights were violated during the investigation or arrest process, such as through an illegal search or seizure, any evidence obtained in this manner could be deemed inadmissible in court.

Contact Us for a Free Consultation

Our child abuse defense attorneys believe that everyone deserves a fair defense. That’s why we offer a free consultation to review the details of your case, answer any questions, and discuss potential defense strategies.

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.

Frequently Asked Questions About Child Abuse Cases

Is child endangerment a felony in New York?

Child endangerment in New York is typically classified as a misdemeanor, not a felony. However, the circumstances of the case can potentially elevate the charges. If endangerment results in serious physical harm to a child or if it’s part of a pattern of abusive behavior, the accused person could face felony charges.

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

A conviction for child neglect can result in jail time. The criminal court sentence can vary depending on the severity of the endangerment, whether it’s a first-time offense or a repeat offense, and other circumstances of the case.

How do I get a child endangerment charge dropped in New York?

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.

What to do if you have been accused of child abuse

Alleged child abuse is not proven until a full investigation takes place. The way a person acts under such charges can affect how their case is handled by a family court judge. Remember:

• Don’t panic
• Don’t speak to your accuser, whether it’s a police officer or children’s services
• Document what you can
• Consult an attorney immediately