(Last Updated On: October 15, 2023)Last Updated on: 15th October 2023, 12:19 pm
Queens Endangering the Welfare of a Child Lawyers – A Helpful Guide for Families Facing These Charges
Being charged with endangering the welfare of a child in Queens can be an incredibly stressful and frightening experience for families. As parents, we try our best to keep our kids safe and make the right choices. But sometimes we make mistakes or errors in judgment that can land us in legal trouble.This article aims to provide a helpful, conversational guide to dealing with these charges in Queens specifically. I’ll walk through what the law says, common scenarios, possible defenses, and most importantly – how a good lawyer can help. My goal is to educate in a simple way, not overwhelm with legal jargon.
What Does the Law Say Exactly?
The main child endangerment law in New York is Penal Code Section 260.10. There’s a lot of confusing legal language, but basically it says you can be guilty if:
- You intentionally or knowingly act in a way that could hurt a child under 17 physically, mentally, or morally.
- You have custody of a child under 18 and fail to take reasonable steps to prevent them from being abused, neglected, etc.
The law is super broad – almost anything could be considered endangerment. That’s why it’s so important to have an experienced lawyer argue why your specific actions don’t actually fit the criteria for a crime.
Common Scenarios that Lead to These Charges
Some of the most common reasons parents or caregivers end up facing these charges include:
- Leaving a young child unattended – even for a short time. For example, running into the store and leaving the kid in the car.
- Arguing with your spouse in front of the kids. Even if there’s no physical violence, a heated argument can count.
- Accidents that cause injury, like a child falling down the stairs or drowning in the pool. Especially if negligence is involved.
- Using drugs/alcohol around minors. Even if the kids don’t understand what’s happening.
- Letting an older child stay home alone when the parent thinks they’re mature enough to handle it. But someone else disagrees.
- Disciplining a child in a physical way that leaves marks or bruises. Spanking, for instance.
- Unsafe living conditions – not providing enough food, allowing kids around dangerous people, etc.
So those are some examples of things that frequently lead to endangerment charges. But there are many more possibilities since the law is so broad.
Possible Defenses Your Lawyer Can Use
The good news is there are defenses a lawyer can use to fight these allegations. Here are some of the most common ones:
- You didn’t intentionally endanger the child – For example, you left your kid in the car to quickly grab milk and honestly didn’t think it was dangerous.
- The child wasn’t actually in danger – You can argue the specific circumstances made it unlikely for harm to actually occur.
- Lack of evidence – The prosecution has the burden of proving endangerment beyond a reasonable doubt. A lack of solid evidence can destroy their case.
- False allegations during a custody dispute – Sometimes charges arise when parents make false claims against each other while fighting over custody.
- Religious/cultural beliefs – Not providing medical treatment due to sincere religious or cultural beliefs is a valid defense.
- Your actions were well-intentioned – Doing something risky or ill-advised in an attempt to help the child.
So in summary – an experienced lawyer will look at the specifics of your case to determine the best defense strategy. There are many ways to fight these charges.
How Can a Lawyer Help if You’re Facing Charges?
The biggest benefit of having a lawyer is they can advocate for you and fight the allegations. Specifically, a good lawyer can:
- Negotiate with the prosecutor to get charges reduced or dismissed
- Argue to get bail and pretrial release conditions that don’t separate you from your family
- Gather evidence and witnesses that support your innocence
- Develop an effective trial strategy if your case goes to court
- Advocate for you in family court if ACS gets involved and tries to remove your kids
- Help minimize the penalties if you are found guilty
Plus an experienced Queens attorney will know the judges, prosecutors, and court processes – which helps tremendously.I’d strongly advise speaking with a lawyer immediately if you’re facing these charges. The sooner you start fighting it, the better. Don’t wait!
Examples of Queens Endangerment Cases and Outcomes
To give you a better idea of how these cases work in real life, here are some examples of actual endangerment cases in Queens and their outcomes:
- People v. Jones – Mrs. Jones left her 11-year-old son home alone all day while she went to work. Her defense lawyer got the charges dismissed by arguing the child was mature enough.
- People v. Davis – Mr. Davis was arrested when his 7-year-old was found wandering outside alone. His lawyer got the charges reduced to a violation by showing it was an isolated incident.
- People v. Lee – Ms. Lee was charged after burning her child with an iron during an argument. She pleaded guilty to negligent endangerment and got probation.
- People v. Williams – Mr. Williams was accused of selling drugs out of his home with minors present. He was convicted at trial and sentenced to 6 months in jail.
So in some cases, the charges are reduced or dismissed. But serious allegations can lead to convictions and jail time. Having an attorney gives you the best chance for a favorable resolution.
Finding the Right Lawyer for Your Case
If you or a loved one is facing child endangerment charges in Queens, it’s critical to have the right lawyer. Look for these important qualities:
- Queens focused – Find someone who specializes in Queens specifically. Local knowledge is invaluable.
- Experienced – Make sure they have extensive experience with Penal Code 260.10 cases. Ask about their track record.
- Aggressive – You want a lawyer who will fight tirelessly to protect your rights. Don’t settle for less.
- Compassionate – They should understand these cases are emotionally charged and treat you with sensitivity.
- Affordable – Their fees should be fair and transparent. Beware lawyers who nickel and dime you.
Take your time researching options. Check reviews and talk to past clients if possible. Be proactive – the right lawyer can make all the difference in getting a good outcome and keeping your family intact.
Conclusion – These Cases Are Difficult But Surmountable
Being arrested for endangering your own child is understandably scary and overwhelming. But with an experienced Queens attorney guiding you, it is possible to successfully fight these allegations and protect your family.Don’t lose hope – use this guide to educate yourself on the law and process. Then take action by contacting qualified lawyers for a free consultation. The sooner you start fighting back, the better.You have rights and there are defenses. An attorney well-versed in NY Penal Code 260.10 can help develop the best strategy for your specific circumstances. Don’t go it alone – connect with a knowledgeable lawyer and give yourself the best chance for a positive resolution.Your family is worth fighting for. We all make mistakes – don’t let one questionable decision ruin your life. Be strong, be proactive, and keep the faith that you can overcome this. You have more power than you realize.