Endangering the Welfare of a Child, Penal Law Section 260.10 - Information
Endangering the Welfare of a Child
NEW YORK PENAL CODE
DESCRIPTION OF CRIME
You name it. Officially a person endangers the welfare of a child when he knowingly does something that would be likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. Therefore, almost anything you can imagine could be charged as endangering the welfare of a child. An argument could be made that taking a child to an amusement park endangers his physical, mental AND moral welfare.
The most common situation in which this offense is charged is in the domestic violence context. When a husband and a wife have a fight and the police respond, if they charge the husband with assault of the wife and there is a child on the premises, the husband will also be charged with endangering the welfare of child for assaulting the wife in the presence of the child.
I represented a single mother once who left her 16 year old daughter home alone overnight and was arrested for endangering the welfare of a child. Go figure.
This is a crime that is limited only by your imagination, although our Courts have held that it is perfectly fine.
JAIL SENTENCING RANGE
Nothing up to One Year at Rikers Island
POTENTIALLY AVAILABLE SETTLEMENT OPTIONS FOR A FIRST ARREST
Endangering cases are usually in the context of the domestic violence bureaus in Criminal Court. This will influence the availability of options and the type of options available. All settlement options will typically include some for of an order of protection (either limited or full).
(1) ACD with parenting skills program, anger management program, substance abuse program, and potentially other forms of counseling.
(2) Disorderly conduct with programs above.
(3) Harrassment with programs above.
POTENTIAL COMPLICATING FACTORS
(1) Actual physical injuries to child
(2) History of domestic violence incidents even if no prior arrests
(3) Family Court Involvement
(4) Non Citizen
(5) Divorce / Custody context
Founding Partner, James Shalley, pictured above, has been exclusively practicing criminal defense in the Criminal Courts of New York City and surrounding areas for more than 27 years. He has personally helped countless people charged with endangering the welfare of a child through this often heart wrenching nightmare type of a case. With patience and care, he has been able help clients through it all. He can help you too. Call or Text us now for your free consultation.
CALL OR TEXT US
Texting is often a fantastic way to reach an attorney quickest. Our attorneys are often in Court where they are obviously unable to answer the telephone or listen to voice messages, but they can often see and respond to text messages from Court. Text us now and you will likely be in touch with a criminal lawyer, as opposed to a receptionist, right away.