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A parent, guardian or caregiver who is taking care of a child also has the legal responsibility to protect that child from unreasonable danger. When a person fails to do this, the state can can level a charge of child endangerment. In some states, child endangerment is considered a separate crime from child abuse, but other states place it in the same category as abuse.
Child Endangerment Characteristics
While states vary in how child endangerment is categorized, it is always a crime. The laws share the following characteristics:
• Situations and actions that place a child in danger. This has a broad application and includes having unsecured guns in the home, driving under the influence of drugs or alcohol, exposing a child to drug deals and manufacturing, failing to safely secure a child inside of a car and leaving a child alone with no supervision.
• Potential or actual injuries. The laws surrounding child endangerment punish actions that lead to a child being harmed, but there is no requirement that a child actually suffer harm or injury. Endangerment is defined as a situation where a child’s physical and emotional health, welfare, morals or life is threatened. Child endangerment may still be charged if the caregiver’s actions eventually resulted in a child being harmed.
• Intentions. A prosecutor seeking a conviction for child endangerment does not have to prove intent that the caregiver meant to place the child in a harmful situation. The court can use the “reasonable person” standard in these cases, which means that even if the caregiver did not understand the danger of the situation, reasonable people in the same circumstances would see the danger and act accordingly.
• Mistakes. A child endangerment conviction requires that caregivers do more than simply act in an unwise manner or make a mistake. The child must be put into a situation where the most likely outcome is harm. As an example, a child left alone in vehicle with locked doors and a running engine is not considered to be endangerment.
The crime of child endangerment can be a misdemeanor or a felony. While states handle punishment for endangerment differently, the possible penalties are the same regardless of where the crime takes place. How the crime is charged depends on whether the child was put into a very dangerous situation or otherwise exposed to harm. There are some states where the difference between a misdemeanor and felony charge of endangerment is based on whether the actions of the adult caused physical harm to the child.
The possible penalties for child endangerment are:
• Going to jail or prison. A misdemeanor conviction of child endangerment usually means one year in jail. A more serious felony conviction can bring up to 10 years or more in prison.
• Being placed on probation. A person who is convicted of child endangerment may be placed on probation. In most cases, the probation lasts for one year and requires the person to check in with a probation officer, participate in family counseling and to cease the illegal actions. A probation violation can result in the person going to jail or prison.
• Paying a fine. A misdemeanor or felony charge of child endangerment can affect the size of the fine that is imposed. A misdemeanor charge is typical fined up to $1,000 while a felony conviction can bring a fine of to $10,000 or more.
• Losing parental rights. If a parent or caregiver receives a conviction for child endangerment, that person may lose their parental rights. In these cases, sole parental rights are awarded to the other parent or caretaker. If there is no appropriate person available, a new guardian is appointed by the court. In some cases, the child will be placed in the custody of the state until a new guardian is found.
A charge of child endangerment is a very serious thing that can have a large impact on the life of the caretaker, the child and the family. It can also result in jail time, fines or loss of parental rights. Anyone who has been charged with child endangerment should immediately consult with a legal firm that is experienced in criminal defense. This is the only way to receive accurate advice and learn how the laws of the state apply to the situation.
New York Penal Code 220.28: Use of a child to commit a controlled substance offense
Like many other places in the country, drugs are a serious problem in New York. With all the manpower and resources spent on trying to control the drug problem, the court system is equally tied up with drug cases. Prosecutors and Assistant District Attorneys devote much of their time pursuing charges against people who distribute drugs. When children are involved, the crime can get even more serious with additional charges. New York has laws in place to protect children from controlled substances and their distribution. It is important to understand what New York penal code 220.28 states in regards to children involved with drug traffic.
Penal Code 220.28 Specifics
A person can be charged with a violation of this code when they knowingly use a child during the sale or attempted sale of a controlled substance. There are 3 aspects to this charge:
– The adult is over the age of 18
– The child involved is under the age of 16
– There is a sell or attempt to sell controlled substances
This includes hiding the controlled substance on the child or in the child’s possessions. It also includes forcing or coercing a child to distribute or aid in the distribution of the drugs. A child is defined as anyone under the age 16. This is defined as a class “E” felony.
The term “sale” is very loosely defined. It doesn’t have to mean an exchange of money or goods. It can include just giving the drugs to someone. It can also include the offer to sell or give drugs without anything exchanging hands. When children get involved, it puts them at a greater danger in addition to teaching them illegal drug trade skills.
While the charge itself is not as serious as some of the other drug related charges, it rarely stands alone. Chances are that there will be additional charges such as endangering the welfare of a minor and drug distribution charges. All of these charges added together could add up to serious jail time and fines.
Examples of a Penal Code 220.28 crime
The child doesn’t have to physically hand over the controlled substances for this crime to be charged. For example, the drugs were placed in the child’s backpack and the child unknowingly delivers them to the school or an after-school destination where the intended recipient can retrieve them. Another example would be if the adult hid controlled substances in a toy the child was carrying onto an airplane. This would constitute a crime under Penal Code 220.28 in addition to other potential charges.
A good defense attorney will look at all the details of the case to ensure that each element is present. For example, if the child is over the age of 16 or the person charged is under the age of 18, this charge would have to be dropped. If the defense could prove that the adult involved did not know that there were illegal drugs involved, that could also lead to a dismissal. Similarly, the defense attorney will look at each element of evidence against the adult to ensure that it is accurate and not misleading.
When a child is involved with the distribution of narcotics, there is an additional charge under Penal Code 220.28, and the consequences can be quite severe in the New York area. It is critically important that you contact an experienced New York City criminal attorney as soon as possible to give yourself the best defense possible and a fighting chance at a positive outcome.
New York Penal Code 120.12: Aggravated assault upon a person less than eleven years old
Aggravated assault is one of the most penalized crimes in the state of New York. The crime is more serious when it is committed against a child. There are several distinctions of such crimes in the lawbook to protect children. New York penal code 120.12 deals with aggravated assault upon a person less than eleven years old. The crime is a class E felony and is broken down as follows.
In order to be charged with New York Penal Code 120.12, one must be 18 years old or older. The person in question must have assaulted a youth who is less than 11 years of age. For the charge to be considered aggravated assault, the child must also sustain an injury of some kind. Lastly, under 120.12, one must have been previously charged and convicted of assaulting a child under 11 years of age with three years of the allegation.
There are several related offenses, as New York breaks down these crimes depending on the situation and severity. New York Penal Code 120.01 is Reckless assault of a child by a child day care provider. When a child day care provider is not involved, the crime is listed as New York Penal Code 120.02: Reckless assault of a child. Another related offense is New York Penal Code 120.70, or Luring a child. Assault in the third degree is defined under section 120.00 of the New York Penal Codes.
An example of aggravated assault upon a person less than eleven years old is that a nine-year-old boy comes into the kitchen while his grandfather is cooking dinner. The boy accidentally knocks over a plate of unfinished food. The grandfather loses his temper and throws the child into a cupboard. The boy falls and breaks his arm. If the man who assaulted the young boy had previously been convicted of assaulting a child within a three-year window, he could be charged under New York Penal Code 120.12.
If one faces such a charge, it is imperative to be in immediate contact with a NYC criminal lawyer in order to build a proper defense. There are several possible defenses to Aggravated assault upon a person less than eleven years old, as follows.
The first possible defense retains to the stipulation of physical injury upon the child. In order to prove that the child sustained such an injury, there must be evidence of some sort of physical impairment as a direct result of the incident. It is possible to argue that no such injury occurred, and therefore a conviction under New York Penal Code 120.12 would be difficult to secure.
As is the case with any other aggravated assault charge, another possible defense is self-defense. In order to argue this, justification for the assault must be proven. This means that the perpetrator had reason to believe that their life was in danger or that there was an immediate threat of physical harm upon their body, and they took the necessary measures in order to prevent such an attack on themselves. Because 120.12 deals with a child under eleven years old, a possible angle to the self-defense argument relates to the child holding some sort of weapon, whether a knife, gun, heavy stick, or another dangerous object.
Aggravated assault upon a person less than eleven years old is a class E felony and faces a maximum of four years in prison. The charge also carries a fine of up to $5,000. It is also possible that the judge orders restitution paid to the child and also prevent contact between the adult and the victim.
New York Penal Law 260.10: Endangering the welfare of a child
According to the statutes of the state of New York, if you are responsible for providing care for a child, you are expected to keep the child reasonably safe from dangerous situations. If you fail to keep a child reasonably safe, you face the prospect of facing a charge of endangering the welfare of a child.
Elements of Endangering the Welfare of a Child
There are three primary elements associated with the endangering the welfare of a child law in the state of New York. First, you may be charged with endangering the welfare of a child law if you knowingly act in a way that is likely to endanger the physical, mental, or moral welfare of a child less than 17-years old.
Second, you may be charged with endangering the welfare of a child law if you permit a child to engage is some activity that has a reasonable likelihood of exposing the child to a substantial risk of harm. Finally, you can be charged with this crime if you are a parent or guardian of a child and you fail to make a reasonable effort to prevent a child from becoming abused, neglected, or a juvenile delinquent.
Examples of Endangering the Welfare of a Child
An example of conduct that might give rise to a charge of endangering the welfare of a child involves a parent who permits teenagers to consume alcohol in his or her residence. This conduct might lead to other types of charges as well.
Another example of endangering the welfare of a child could arise from a situation in which a parent fails to obtain timely medical care or treatment for a child who takes ill. If a parent knows a child is ill to a degree that medical assistance would appear warranted, a parent has an obligation to seek professional help in some situations.
Sentence for Endangering the Welfare of a Child
Endangering the welfare of a child is classified as a class A misdemeanor, the most serious level of misdemeanor in the state of New York. The maximum term of incarceration upon conviction of this crime is one year in jail. In the alternative, a judge could also sentence a person convicted of endangering the welfare of a child to three years probation.
Defenses to Endangering the Welfare of a Child
An example of a defense in a case of endangering the welfare of a child arises from the example involving medical care. If parents maintain sincerely held religious beliefs that preclude certain types of medical treatments, the decision of parents not to obtain this course of medical assistance might prove to be an effective defense to a charge of endangering the welfare of a child.
New York law has carved out a defense to endangering the welfare of a child in the case of a child alleging an adult committed sexual assault on the child. If the child suffers from a diagnosed mental incapacity or defect, there must be a corroborating witness to the allegations made by the child in question for a charge of endangering the welfare of a child to stand.
An NYC criminal lawyer can provide a person charged with endangering the welfare of a child viable defenses to the crime in many instances. The first step in retaining legal representation in this type of case is scheduling an initial consultation with a New York criminal defense attorney.
During an initial consultation, legal counsel provides a prospective client with a case evaluation. An attorney will also answer any questions about a charge of endangering the welfare of a child.
New York Penal Code 130.96: Predatory Sexual Assault Against a Child
Any crime committed against a child is a serious offense, and the punishments are severe. This is particularly true for sexually based offenses. If you have been charged with such a crime, it is imperative that you contact a NYC criminal lawyer as soon as possible. Many charges can a mandatory minimum sentence, with a possible life sentence being on the table. Needless to say, this will be a stressful period in your life and the eventual outcome largely will depend on the professionalism of the NYC criminal attorney that you have defending you. Your very life is at stake here.
New York penal code 130.96 Defined
If you are charged with predatory sexual assault against a child, that means you are accused of having committed one of the following offenses against an individual under a certain age.
Rape in the first degree
Criminal sexual act in the first degree
Aggravated sexual abuse in the first degree
Course sexual conduct against a child in the first degree
A rape charge will be levied against an accused person over the age of 18 when the victim is less than 13 years of age. This is classified as a Class B felony because no child under 13 years of age is legally capable of consenting to have sexual intercourse. A Criminal sexual act in the first degree is akin to a rape charge, but absent actual sexual intercourse. The sex act can be either oral or anal. This is also defined as a class B felony, which needless to say is a rather serious charge.
A charge of predatory sexual assault against a child in New York can also be levied against an individual who is accused of inserting a finger or foreign object into a sexual opening, such as the vagina or anus. Once again, this is a class B felony in the state of New York. Course sexual conduct is said to occur when the accused engages in sexual contact with am minor under the age of 13 on a minimum of 2 occasions within a 3 month period. One of those contacts must have included sexual intercourse, oral or anal sex, or aggravated sexual conduct. The combination of all four possible sex crimes against a minor under the age of 13 can lead to a possible charge of predatory sex assault against a child.
Defense Against Penal Code 130.96
There are possible defenses to be mounted when you are charged with predatory sexual assault against a child in New York. NYC criminal lawyers will look at a variety of factors to determine how best to proceed with your case. There may, for example, be a lack of intent on your part. This crime might have occurred due to a state of intoxication so severe at the time of the event that you lack the knowledge or intent that you were actually about to commit a crime of this magnitude. Lacking intent is a ground to fight a charge of predatory sexual assault against a child in the state of New York.
nyc criminal attorneys may also be able mount a defense against this charge on the basis of marriage or an expired statute of limitations. While rare in New York, it is possible that the accused is legally married to the victim. In that case, a defense can be mounted. In addition, the statue of limitation for New York Penal Code 130.96 is five years after the victim turns 18. Beyond that, you cannot prosecuted for this crime.
Contact a criminal attorney in your area if you have been accused of a serious crime such as this.
Endangering the Welfare of an Incompetent or Physically Disabled Person in the Second Degree in New York
Like many states, New York has enacted a series of laws meant to protect those in society who are considered to be the most vulnerable. This is often emotionally and physically disabled individuals, as they are not considered to be able to avoid many dangerous situations. The law in New York focuses in especially hard on children, people who have a severe physical disability, and those that declared to be legally incompetent. If you are believed to be endangering the welfare of such an individual, you can be charged under New York penal code 260.24. This charge is issued in the second degree if you recklessly engage in any type of conduct is seen to physically, mentally, or morally injure any individual who is unable to care for him or herself due to one the aforementioned reasons.
An Example of Endangering the Welfare of an Incompetent or Physically Disabled Person
Prosecutors do not necessarily need to show intent in order to charge an individual under penal code 260.24. If a person recklessly puts an incompetent or physically disabled person in harm’s way, endangering the welfare of the individual may very well be on the table. This is when you need a NYC criminal lawyer on your side. An example would be leaving your paralyzed wife in the car with the windows up in the middle of the summer. You most likely had no intention of causing your spouse grave bodily harm as a result of doing this, but the reality is that you recklessly put him or her in a dangerous situation as they can possible lower the window to allow the heat to escape the vehicle.
A NYC criminal attorney is aware of the serious nature of this charge. This is why you need to contact a professional firm in your area the moment you discover that this charge has been issued against you. NYC criminal lawyers will work hard to determine the reason behind the accusation and then set out to mount a defense.
In order to be convicted of endangering the welfare of an incompetent or physically disable person in the second degree, the prosecutor must provide that you were reckless in your actions. In order to do this, you need to have been aware that your actions would have resulted in harm to an incompetent or physically disable person. If you knew that and you continue to act anyway, the prosecutor will argue vigorously for a conviction. nyc criminal attorneys are tasked with the job proving your innocence. They will set out to demonstrate that the injury occurred as the result of an accident. You were not being reckless. It is important to remember that accidents are not always the cause of recklessness. In fact, it is the job of the prosecution to prove that you were knowingly reckless with your actions, not the other way around.
It is important to note that endangering the welfare of an incompetent or physically disabled person in the second degree is considered to be a class A misdemeanor in the state of New York. Depending on the circumstances of the injury that occurred you are looking at anything from a 3 year probation to one year in prison, in addition to a pretty substantial fine. Needless to say, this can have quite the negative impact on your life and your reputation. You need to have a criminal lawyer fighting on your side who will protect your legal rights.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
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