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An Attorney At Your Side When You Face Child Endangerment Charges
Endangering the welfare of a child charge wears many hats. It can stem from allegations that you used physical corporal punishment on your child or another minor, or because you and your spouse or significant other argued and physically fought in front of a child or children, or because you were neglectful in caring for a child.
Whatever hat it wears, the charge of endangering the welfare of a child triggers three separate consequences:
- An arrest in criminal court
- An order of protection in favor of the child or children resulting in your exclusion from the home and from seeing the child or children
- The involvement of the Administration for Child Services (ACS) in family court with the possibility of facing a neglect/abuse petition in family court
Because these cases are so complex and the consequences severe, you need an experienced criminal defense attorney on your side. As I have been doing this work for 30 years, I can be there at your side. I will aggressively fight for you.
What The Law Says Regarding Child Endangerment
New York Penal Law Section 260.10 endangering the welfare of a child is defined as follows:
A person is guilty of endangering the welfare of a child when:
- He or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his or her life or health.
- Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he or she fails or refuses to exercise reasonable diligence in the control of such child to prevent him or her from becoming an “abused child,” a “neglected child,” a “juvenile delinquent” or a “person in need of supervision,” as those terms are defined in articles ten, three and seven of the family court act.
- A person is not guilty of the provisions of this section when he or she engages in the conduct described in subdivision 1 of section 260.00 of this article: (a) with the intent to wholly abandon the child by relinquishing responsibility for and right to the care and custody of such child; (b) with the intent that the child be safe from physical injury and cared for in an appropriate manner; (c) the child is left with an appropriate person, or in a suitable location and the person who leaves the child promptly notifies an appropriate person of the child’s location; and (d) the child is not more than thirty days old.
Endangering the welfare of a child is a Class A misdemeanor, and a conviction of this charge will leave you with a criminal record for the rest of your life, affecting employment, family court custody and visitation cases, and may have immigration consequences on your status in the United States.
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