Any criminal allegation is a serious matter that deserves your full attention. A misdemeanor or felony conviction can result in fines or jail time. While no criminal charge should be taken lightly, and most can impact your freedom and finances, some charges can have an even longer-lasting effect. For instance, child abuse allegations can be completely life-altering. Child abuse allegations put you at risk of not only facing criminal penalties, but also life-changing repercussions that can impact your home life, familial relations, and even custody over your own children. Therefore, these allegations should be taken extremely seriously.
Mike Schillinger is an experienced child abuse lawyer in Astoria who can help defend you against child abuse allegations in Criminal Court.
What Actions Count as Child Abuse?
In New York State, New York City, or Queens County, there is no specific “child abuse” statute. Instead, the New York Penal Code groups actions that would generally fit the definition of child abuse into New York PL § 260.10, endangering the welfare of a child. According to New York Penal Code §260.10, it is illegal for any person to act in a way that is likely to result in an injury to the physical, mental, or moral welfare of a child under the age of 17. This broad statute can include placing a child into a physically dangerous profession, refusing to allow a child to receive schooling, or allowing a child to date an adult. It is critical to remember that this statute applies to any person, not just the child’s parents.
However, there is one portion of the statute that applies strictly to the parents or guardians of children under the age of consent. A person may be charged with endangering the welfare of a child if they allow their own child to become abused, neglected, in need of supervision, or a juvenile delinquent. These are terms that New York State uses to identify a child in need of the state’s care to counteract negligent parenting or guardianship.
What Are the Consequences of a Child Abuse Conviction?
Endangering the welfare of a child is a Class “A” misdemeanor. This means that a conviction could require the payment of heavy fines and a maximum jail term of 1 year. However, oftentimes, allegations of child abuse can involve other violations of the penal code. For instance, a person could be charged with both endangering the welfare of a child and assault if they are alleged to have slapped their child. Therefore, child abuse often involves both endangering the welfare of a child and other criminal allegations.
In addition to criminal punishments, New York State can also impose an order of protection on someone who is convicted of a child abuse-related charge. In fact, even being charged with a criminal offense can lead to someone having a temporary order of protection issued against them. At the Criminal Court arraignment, it is extremely common for prosecutors to ask the judge for a protective order ending all contact between the defendant and the allegedly abused child.
This can force people out of their homes, especially in situations where the defendant is the parent of the child, and may even affect visitation or custody rights. If you are convicted, this order may also become permanent. This is why defendants need the services of an attorney well-versed in child abuse laws, such as Mike Schillinger.
Contact a Child Abuse Attorney in Astoria Today
Allegations of child abuse are always serious. While endangering the welfare of a child is only a class “A” misdemeanor charge, it has the potential for far-reaching and long-lasting consequences. Even before your case goes to trial, the court can order you to cease all contact with the alleged victim. Convictions in these cases can often make these orders permanent. Furthermore, convictions of this nature can also impact immigration status, causing people to become removable or resulting in the denial of naturalization.
When you are charged with any crime, it is essential that you are prepared to fight back. Mike Schillinger is a skilled Astoria child abuse lawyer who can help you understand the potential ramifications of your case, develop a strategy designed to protect your rights, and put this strategy into effect in court. Every day is critical in these cases. Contact Mike Schillinger immediately to let us get to work for you.