New York Endangering the Welfare of a Child Frequently Asked Questions

Child endangerment or endangering the welfare of a child is defined as placing a child in a situation that would put their health or safety at risk. Actions which amount to child endangerment include having a child in the car and driving while under the influence of drugs or alcohol, leaving a child alone in a hot car, or failing to properly secure a child in a car. Having unsecured firearms or doing or selling drugs around a child are also activities that amount to child endangerment.

In order to be prosecuted for child endangerment, the law does not require a showing that the child suffered actual harm. It is enough to show that the behavior of the defendant was such that the child was at risk of being harmed physically, mentally, or emotionally. In addition, it is not necessary to show intent. In cases where the child did suffer actual harm, the defendant may be charged with child endangerment as well as other related crimes.

In New York there are different levels of child endangerment charges, ranging from misdemeanors to serious felonies. The penalty will depend on whether the conviction was for a misdemeanor or felony. One factor that will determine the level of the charge is whether the child was actually injured. Penalties may include probation, fines, or jail. If a parent or guardian is charged, the child may be removed from that person’s custody.

The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience successfully defending clients in New York criminal courts who have been charged with drug crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.