New York Child Abuse Lawyer

The law views those charged with a crime to be innocent until proven guilty. Unfortunately, those accused of child abuse are often considered guilty right away. Prosecutors, judges, law enforcement officers, neighbors, employers, and others are quick to assume that someone charged with abusing a child did it without any proof.

It is important for anyone charged with child abuse related crimes to contact an experienced New York child abuse lawyer immediately upon arrest. An abuse defense lawyer will fight to clear the accused person’s name and win back their reputation.

Importantly, a skilled family violence attorney can protect someone’s constitutional right to a fair trial in the courts, defending them against unjust judgment outside of the courtroom. If you have been accused of child abuse in New York, call an experienced criminal defense lawyer.

When a parent or guardian seriously injures their child, or negligently allows the child to be seriously harmed, they could face a child abuse charge. In fact, a serious injury need not even occur. Causing a minor injury or failing to properly supervise a child may, and often does, result in arrest and criminal charges. Child abuse can take many forms, including:

• Physical abuse, such as punching or kicking
• Sexual abuse, such as inappropriate sexual contact or incest
• Emotional abuse, including extreme humiliation or inflicting terror
• Mental abuse, causing a serious risk to the child’s mental health
• Drug or alcohol abuse, such as when a parent is too impaired to properly care for their child

Child abuse is a serious allegation. In most child abuse cases, Child Protective Services (CPS) or the Administration for Children Services (ACS) also investigates the abuse accusations (or similar family services agencies depending on where the family lives).

In some cases, CPS or ACS may handle the case in family court or through a separate body, where they may argue the accused should lose their parental rights temporarily or permanently. Alternatively, ACS or CPS may seek to add the parent’s or guardian’s name to a registry.

New York child abuse lawyers have seen child neglect charges often accompany abuse allegations. In New York, neglect occurs when a child’s parent or guardian fails to properly care for the child in a way that causes harm. Some common examples of child neglect in New York include:

• Failure to provide adequate food or shelter to a child
• Failure to provide for a child’s medical needs
• Failure to provide for a child’s educational needs
• Leaving a child improperly unsupervised

In some cases, CPS or ACS may refer accusations of abuse or neglect to the police or a prosecutor who will then handle the case in criminal court in the event law enforcement is not already involved.

Depending on the situation, an accused parent or guardian may face a variety of criminal charges, such as assault and battery (in some cases of physical abuse), sexual offenses, or endangering the welfare of a child.

• Endangering the Welfare of a Child: NY PL 260.10
• Assault: NY PL Article 120

The specific criminal charges someone could face depend on the severity of the alleged abuse or neglect. For example, most sexual abuse charges are felonies, meaning they are punishable by incarceration in state prison.

• Mere Presence of a Child in a Domestic Dispute & Assault
• Criminal Liability for Leaving a Child Home Alone

Endangering the welfare of a child, on the other hand, is a Class A misdemeanor punishable by up to one year in jail. Since criminal penalties can vary so much, it is important that anyone accused of abusing or neglecting their kid speak with a New York child abuse lawyer right away for help.

• New York Domestic Violence Arrest, Crimes & Laws

Remember, because child abuse crimes are by their nature domestic, these offenses are treated as Domestic Violence crimes with added attention from law enforcement and the routine issuance of orders of protection or restraining orders to protect the minors.

If you have been accused of child neglect or abuse, call a New York defense lawyer immediately. Whether your case is being investigated by CPS, or has turned into a criminal matter, a New York child abuse lawyer can help.

Call our New York Child Abuse Attorneys at (212) 312-7129 or contact us online today.