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NYC Abuse & Neglect Lawyer

Understanding Child Abuse And Neglect

Child abuse and neglect refers to any form of injury, sexual exploitation, sexual abuse, maltreatment, or negligent treatment of a child by any person under conditions that indicate that the child’s welfare, health, and safety have been harmed.

Elements of Child Abuse and Neglect

In many states, for a crime to be categorized as child abuse and neglect, the harm needs to have been inflicted intentionally. This includes intentional and careless acts like leaving a child alone with a known abuser or sexual offender. Additionally, the harm inflicted upon the child should not necessarily be actual but may include risks or threats of imminent harm.

Mandatory Reporting Laws

Every state consists of mandatory reporting laws that require people to report suspected or apparent child abuse to the authorities. These reports are aimed at promoting early intervention of child abuse and neglect.

In some states, anyone can report a case of suspected child abuse. In other states, mandatory reporting is required by professionals such as nurses, doctors, school officials, social workers, law enforcement personnel, and day care workers. In most of these jurisdictions, failing to report a case of child abuse is deemed to be a misdemeanor that is punishable by fines, imprisonment, or both.

Warning Signs of Child Abuse and Neglect

Some of the warning signs of child abuse include:

•Physical abuse: unexplained bruises, burns, bites, or other injuries

•Emotional abuse: delayed emotional development, extreme behavior, and belittling by a caregiver or parent

•Sexual abuse: reports of bedwetting, nightmares, difficulty sitting or walking, changes in appetite, and the refusal to change in front of others or to be involved in gym activities

•Neglect: stays home alone, bad body odor, lack of dental or medical care, frequent school absenteeism

Penalties for Child Abuse and Neglect

In many states, child abuse is either categorized as a felony or as a misdemeanor depending on the prevailing circumstances. The most serious cases of child abuse can carry lifetime sentences while the least serious are classified as gross misdemeanors.

Sentencing can include probation or imprisonment of up to 5 years. Other consequences and penalties include:

•Ruined reputation

•Termination of parental rights

•Criminal record

•Physical loss and enjoyment of one’s child

•Supervised access to one’s child

•Continual engagement with a child protective services agency

Defenses for Child Abuse and Neglect

False Accusations of Child Abuse

In dysfunctional families or in cases involving parents who are embroiled in a child custody battle, it is common for the false accusations defense to be raised. Although it is often difficult to prove, the most effective way of defending a false child abuse charge is to present proof of the lie or wrongful conduct of the accuser.

The Injury is an Accident

Most child abuse laws only punish accidents if they are caused by carelessness or recklessness. When a child is injured as a result of an accident, the one accused of abuse may use this defense.

The Parent’s Right to Discipline

Parents have the right to discipline their children in any way they deem fit provided the discipline is reasonable and does not cause any body injuries. The question of how parents should discipline their children is often a subject raised in many child abuse cases. In certain cases, a parent can argue that they have parental privilege and claim they were entitled to discipline their child. However, where a child’s injuries are serious than minor bruising, parental privilege may not apply.

How a Lawyer Can Help In a Child Abuse and Neglect Case?

A lawyer’s first role in a child abuse and neglect case will be to gather evidence and bring up case law that absolves you from wrongdoing. Your lawyer will present the applicable defenses to ensure that the child abuse and neglect charges are dropped. However, if you are guilty, your lawyer will help you bargain for a plea in exchange for a reduced sentence.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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