Lawyer Defending Clients Against Endangering the Welfare of a Child Charges in Nassau County

Did you leave your child alone at home or alone in the car while you ran into a store? Or have you left alcohol, drugs, or a dangerous weapon within the reach of a child? You might otherwise be a good parent, but these actions could lead to a charge of endangering the welfare of a child.

If you are charged with endangering the welfare of a child on Long Island or anywhere in or near New York City, you must be advised and represented by a Nassau County Endangering the Welfare of a Child at the Law Firm of Gianni Karmily.

What constitutes endangering the welfare of a child? What defenses can you and your attorney offer? What penalties may be imposed if you are convicted of endangering the welfare of a child? Keep reading for the answers to these questions – and for the legal help you may need.

How Does New York Define Endangering the Welfare of a Child?

The law in New York spells out two situations that constitute endangering the welfare of a child:

• You endanger a child’s welfare by knowingly acting in a way that is likely to cause an injury to the mental state, physical well-being, or moral welfare of a child less than 17 years of age.
• You endanger a child’s welfare if you’re a parent, guardian, or have custody of a child less than 18 years of age and you fail to exercise reasonable diligence to prevent the child from becoming an “abused” or “neglected” child or a “person in need of supervision.”

What Does the Court Consider in These Cases?

Unlike a specific robbery or gun possession charge, endangering the welfare of a child – in some cases – may be more subjective and open to interpretation. Let’s say that you are charged with briefly leaving a child alone at home or alone in your vehicle. The court will consider:

• the child’s age and level of maturity
• the length of time the child was left alone
• the reason why the child was left alone
• whether the defendant has any previous history of child endangerment

Is endangering the welfare of a child a misdemeanor in New York?

Yes. Endangering the welfare of a child is generally charged as a Class A misdemeanor in New York. A conviction can result in up to 364 days in jail, probation, fines, and a permanent criminal record. In some situations involving repeat offenses or additional criminal conduct, the penalties may become more serious or lead to additional charges.

What actions can lead to a child endangerment charge?

Certain conduct may lead to a child endangerment charge if prosecutors can prove the defendant knowingly created a risk to the child’s welfare. Examples may include:

• Leaving a young child unsupervised in a dangerous situation
• Exposing a child to illegal drugs or criminal activity
• Driving while intoxicated with a child in the vehicle
• Allowing a child access to dangerous weapons or hazardous conditions
• Encouraging a child to engage in illegal or harmful behavior

Can you be charged with child endangerment even if the child was not harmed?

Yes. A person may still be charged with endangering the welfare of a child even if the child was not physically injured. New York law focuses on whether the defendant’s actions created a situation that was likely to be harmful to the child’s physical, mental, or moral well-being. Because of this, prosecutors only need to show there was a substantial risk of harm, not that harm actually occurred.

What Is the Penalty for Endangering the Welfare of a Child?

In most cases, endangering the welfare of a child is a Class A misdemeanor in the State of New York. Anyone who is convicted could serve up to a year in jail or up to three years on probation.

However, many of these charges are based on misunderstandings, and sometimes a child endangerment claim is entirely untrue. During a divorce proceeding, for example, one parent might fabricate a child endangerment claim to gain an advantage over the other parent.

Whether you are innocent or you simply made a poor judgment regarding your child’s welfare (or someone else’s child you were supervising), if you are charged with endangering the welfare of a child, immediately contact a Nassau County child endangerment attorney at the Law Firm of Gianni Karmily.

What defenses are available for endangering the welfare of a child?

Common defenses to child endangerment charges in New York may include:

• Lack of intent or knowledge that the conduct created a risk
• False accusations or misunderstandings of the situation
• Insufficient evidence that the child was actually endangered
• The actions did not create a real risk to the child’s welfare
• Mistaken identity or incorrect allegations

How do I find a child endangerment lawyer near me?

To find a child endangerment lawyer near you, search for a criminal defense attorney experienced in defending charges involving children in your area. Review law firm experience, attorney credentials, and client reviews, confirm the lawyer handles cases involving endangering the welfare of a child or related allegations, and schedule a case evaluation to discuss your situation and possible defense strategies.

What Will Your Attorney Do on Your Behalf?

A Long Island child endangerment attorney may offer one of these defenses to a child endangerment charge:

• The law provides that you cannot be convicted of child endangerment when the sole and only evidence against you is the testimony of a child with a mental incapacity or defect.
• In a child endangerment case based on an alleged failure to provide medical care to a child, the law provides for a defense if the defendant is a member of an organized religious group with tenets that offer prayer as the principal treatment of illness and treated or caused such ill child to be treated in accordance with such tenets.
• If you’ve been falsely accused and the charge against you is fabricated, a Nassau County child endangerment lawyer at the Law Firm of Gianni Karmily will make every effort to get to the truth about what really happened.

What About Child Endangerment and Intoxicated Driving?

While endangering the welfare of a child is a misdemeanor in New York in most instances, it is an automatic felony on the first offense to drive while intoxicated with a person age 15 or below in the vehicle if you are driving while intoxicated or ability impaired by drugs.

Anyone operating a motor vehicle while intoxicated and transporting a child may be charged with a Class E felony punishable upon conviction with up to four years in prison and a fine of up to $5,000.

If a driver is intoxicated or drugged and a child in the car suffers serious injuries, the charge is a Class D felony punishable by up to seven years in prison. If a driver is intoxicated or drugged and a child in the car was killed, the charge is a Class C felony punishable by up to fifteen years in prison.

If You Are Charged With Endangering the Welfare of a Child

Don’t even think about trying to act as your own attorney. The State of New York aggressively prosecutes crimes that involve children, so you must be represented by an experienced, reliable New York defense attorney who will passionately and effectively defend your rights.

To ensure that your endangering the welfare of a child case is brought to its best possible outcome, take your case to the Law Firm of Gianni Karmily. To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.