Endangering the Welfare of a Child
If you have been charged with Endangering the Welfare of a Child in New York contact experienced lawyers who can protect your rights! Our lawyers have a great deal of experience handling child abuse, neglect and endangering cases and have the skill and knowledge to help you bring your case to a successful conclusion.
CONTACT US TODAY for a FREE CONSULTATIONWhat New York Penal Law § 260.10 Says
Endangering the welfare of a child is a Class A misdemeanor in New York, which carries a penalty of up to one year in jail. Many times, when the offense is committed by a parent or guardian, there will also be family offense petitions filed in Family Court, as well as abuse and/or maltreatment (neglect) investigations by Child Protective Services (CPS) or New York City’s Administration for Children’s Services (ACS).
Unfortunately, the statute is so broad and vague, our White Plains criminal defense lawyers recognize that it can criminalize the most innocent conduct. Furthermore, the lack of specificity in the wording the statute and the broad range of conduct that the statute can criminalize means that law enforcement and prosecutors can threaten to charge someone, or actually charge someone, with endangering the welfare of a child for almost any conduct involving children.
There are two separate subdivisions of endangering the welfare of a child.
- The first is committed when a person knowingly acts in a way that is likely to cause injury to the mental, moral or physical health of a child under seventeen years old or directs or permits a child to engage in a job involving a substantial danger to the child’s health or life.
- The second is committed when a parent or guardian of a child less tah 18 years old refuses or fails to exercise reasonable diligence to prevent to child from a “neglected child”, and “abused child” or a juvenile delinquent, as those terms are defined in the Family Court Act.
Many times, when a person is charged with endangering the welfare of a child, they are also charged with another crime that forms the basis of the endangering charge. Sometimes, we see someone charged with endangering the welfare of a child also charged with assault, sexual assault, rape, menacing, reckless endangerment, manslaughter, or even murder. The prosecution’s theory is that the assault or other criminal conduct directed toward the child also endangered their welfare.
However, many of the cases we see here at Tilem & Associates, PC involve corporal punishment or allegations of corporal punishment inflicted by a parent. Far too often, decent and caring parents find themselves caught up in the criminal justice system for doing nothing more than disciplining their children. Typically, such cases are the result of overzealous prosecutors, police officers and child protective services investigators who simply don’t believe in corporal punishment. However, corporal punishment is legal under New York law which only criminalizes EXCESSIVE corporal punishment. There is a very strong body of law in New York that supports a parents right to use reasonable corporal punishment.Call for a Free Telephone Consultation With a White Plains Criminal Defense Attorney
If you have been charged with endangering the welfare of a child, you have been accused of child abuse or neglect in family court or you are the subject of a CPS or ACS abuse and/or maltreatment investigation, please don't wait to call our White Plains criminal defense lawyers at Tilem & Associates, PC toll-free at 877-377-8666 for a free telephone consultation with a criminal defense attorney in White Plains.