Facing charges of Endangering the Welfare of a Child on Long Island can lead to serious consequences. This offense may result in a criminal record, up to one year in jail, three years of probation, a $1,000 fine, loss of custody, and an investigation by the Administration for Children’s Services (ACS) or Child Protective Services (CPS). If you’re dealing with these charges in Nassau County or anywhere else on Long Island, having a top Long Island criminal defense attorney can make a significant difference in protecting your rights and your future.
Examples of Endangering the Welfare of a Child in Nassau and Suffolk County
New York law includes a wide range of behaviors under Endangering the Welfare of a Child that could harm a child’s physical, mental, or moral well-being. Some common situations include:
- Excessive physical discipline or punishment
- Driving while intoxicated (DWI) with a child in the vehicle
- Reckless or aggressive driving with a minor passenger
- Providing alcohol, marijuana, or illegal drugs to minors
- Engaging in inappropriate or unlawful contact with a child
- Exposing children to violence or abusive language during domestic disputes
- Drug use or sale in front of a child
- Leaving unsecured weapons accessible to minors
- Leaving a young child home alone or unattended
- Leaving an infant or toddler unsupervised in a car
These situations often lead to criminal charges, especially in Nassau County and other areas within Long Island.
Real-Life Case Examples of Endangering the Welfare of a Child
Below are examples of cases where New York courts upheld Endangering the Welfare of a Child charges:
- A parent left a four-year-old alone for 15 minutes, leading to criminal charges. (People v. Carmen Reyes, 872 N.Y.S.2d 692 (Kings Co. Crim. Ct. 2008))
- Making explicit remarks to a 23-month-old child. (People v. Simmons, 92 N.Y.2d 829 (1998))
- A parent stored multiple unsecured firearms in their home, leading to an accidental shooting. (People v. Hitchcock, 98 N.Y.2d 586 (2002))
- Domestic abuse lasting over 10 hours in front of children resulted in a serious conviction. (People v. Johnson, 95 N.Y.2d 368 (2000))
- A partner threatening their spouse with a knife in the presence of their children. (People v. Luis Berrios, 2006 N.Y. Misc. LEXIS 76 (Crim. Ct. N.Y. Co. 2006))
These cases highlight how New York law prioritizes the safety of minors, with Nassau County and other Long Island courts often handling similar cases. If your Endangering the Welfare of a Child charges stem from a domestic violence altercation where children were present, our Nassau County domestic violence lawyer can provide the strong representation you need.
Penalties for Endangering the Welfare of a Child on Long Island
A conviction for Endangering the Welfare of a Child can result in various penalties, such as:
- Up to one year in jail
- Three years of probation
- Fines as high as $1,000
- Loss of custody or visitation rights
- Mandated counseling or rehabilitation programs
- Scrutiny from ACS or CPS, potentially leading to ongoing investigations
These charges are often paired with other offenses like assault or domestic violence, which can increase the severity of the consequences. A conviction can lead to a permanent criminal record, affecting your future opportunities and family life.
Understanding Endangering the Welfare of a Child Charges (New York Penal Law Section 260.10)
Under New York Penal Law Section 260.10, you may be charged with Endangering the Welfare of a Child if you:
- Engage in conduct likely to harm the physical, mental, or moral well-being of a minor under the age of 17.
- Encourage a child under 17 to participate in dangerous activities that pose a significant threat to their safety or health.
- As a parent or guardian, fail to provide adequate supervision, resulting in the child becoming:
- An “abused child” due to physical or emotional harm
- A “neglected child” lacking basic needs like food or medical care
- A “juvenile delinquent” involved in illegal activities
- A “person in need of supervision” due to chronic truancy or behavioral issues
Important Note: A prosecutor does not need to prove that actual harm occurred, only that your behavior created a substantial risk of harm. Additionally, believing a child was older than they actually were does not serve as a legal defense
Defending Against These Charges on Long Island
If you’re facing charges in Nassau County or anywhere on Long Island, you need a defense strategy suited to your specific circumstances. Possible defenses include:
- Lack of Awareness: If you genuinely did not know a minor was present during the incident, you might argue that your actions were not intended to put a child at risk. This defense is particularly relevant in cases involving situations like verbal disputes or unsafe conditions where the accused was not aware that a child was within sight or earshot.
- Insufficient Evidence: A strong defense might challenge the prosecution’s case by pointing out a lack of concrete proof. If the allegations rely solely on the child’s testimony without corroborative evidence or if the details are inconsistent, your attorney can argue that the charges are not backed by a solid factual basis.
- False Accusations: Sometimes, allegations stem from another adult’s personal vendetta, such as a custody battle or a contentious family relationship. In these cases, a defense strategy might focus on revealing the ulterior motives behind the claims, using evidence to show that the accusations are exaggerated or completely unfounded.
- Religious Practice: New York law recognizes certain religious exemptions in cases involving child-rearing practices. For example, if a medical decision based on religious beliefs is questioned, you may argue that the actions were part of a long-standing religious practice. This defense, however, is case-specific and requires careful presentation to fit within the boundaries of legal exemptions.
Frequently Asked Questions
Q: What if the child was unharmed?
A: In New York, you can still be charged if your actions had the potential to cause harm, even if no injury occurred.
Q: How should I respond if ACS or CPS contacts me?
A: You should consult an experienced Long Island criminal defense attorney before speaking to any investigator because your words may be used as evidence.
Q: Can false accusations be challenged in court?
A: Yes. An experienced attorney can present evidence to refute false claims and challenge the credibility of the accuser.
Q: What if I thought the child was older?
A: Mistaking a child’s age is not a legal defense. The court’s focus is on the risk your behavior posed, not your assumptions.
Work with a Former Nassau County Prosecutor for Your Endangering the Welfare of a Child Defense
Endangering the Welfare of a Child charges require a well-prepared defense, especially when your rights as a parent or guardian are at stake. Attorney Ramy Mikhail Louis, a former senior Nassau prosecutor, has the skills and experience to create a strong defense. His background enables him to anticipate how the prosecution will build their case and identify weaknesses in their arguments.
If you’re dealing with Endangering the Welfare of a Child allegations on Long Island, don’t risk your future. Contact our team of experienced Endangering the Welfare of a Child defense attorneys today to discuss your case.
