New York Endangering the Welfare of a Child Defense
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The offense of Endangering the Welfare of a Child is a crime that gets immediate attention from police and the District Attorney. This offense also gets a very negative reaction from the public. A New York Endangering the Welfare of a Child Lawyer can tell you that this crime is taken so seriously because it involves children that are unable to protect themselves. These charges can result in the issuance of an order for protection, which will prevent the defendant from being in the presence of the child or contacting them in any way. If this order is violated, additional charges of criminal contempt can be sought. If you have been charged with this crime or Battery, child pornography, or Kidnapping, it is important to seek legal advice right away. If convicted you could be facing substantial prison time, monetary fines, probation and community service. Speak with the law offices of Stephen Bilkis and Associates for guidance and a free consultation.
If you are convicted of the charges against you, you can face both civil and criminal liability. A conviction can also result in the defendant losing custody of their child. Depending on the charges against you, you also be entered onto a state registry of child abuse. This is considered public information, and can also affect your professional and personal relationships.
New York Penal Law 260.10(1) often comes into play with these charges. This crime is defined as a person knowingly acting in a way to cause injury to a child’s mental state, person, or moral character. In order for this statute to apply the child must be 16 years old or younger.
New York Penal Law 260.10(2) says that you are guilty of this crime if you are the guardian or parent of a child that is 17 years of age or younger and fail to recognize reasonable diligence over that child to prevent him or her from being “abused” “neglected” or a person that is in “need of supervision.”
In the New York case People vs. Reyes, the court sets forth what type of parental conduct is considered substandard. The court looks at the age of the child, the amount of time they were left alone, the reason they were left alone and their maturity level.
Often these types of crimes will include other charges as well. If for example, a parent spanks a child with a belt, the defendant could also be charged with felony Assault in the second degree, as well as a misdemeanor charge of Endangering the Welfare of a Child. In New York, a felony offense is a crime that is punishable by anything over one year in prison. A misdemeanor is a crime punishable by anything less than one year in jail. The New York DA prosecutes these offenses vehemently, so it is imperative that you have experienced legal representation to ensure your legal rights are protected.
Contact our legal team for sound advice and a free consultation. We will explain the legal process and the charges against you. We have offices located throughout New York City, including locations in the Bronx, Queens, Manhattan, Brooklyn and Staten Island. We also have locations in Suffolk County and Nassau County, as well as Westchester County. Contact us today for an appointment and to receive your free consultation at 855-695-2969 today.
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