(732) 582-5076Representing Clients Accused of Child Endangerment
The state of New Jersey is committed to protecting the lives of vulnerable victims, with special regard to the safety and well-being of children. As a result, authorities in New Jersey aggressively prosecute those who endanger the welfare of minors.
Individuals convicted of endangering the welfare of a child face severe consequences under New Jersey law. Criminal penalties include a lengthy prison sentence and steep fines. Furthermore, defendants convicted of sexual misconduct or child abuse face even harsher life-changing sentences, such as mandatory registration as a sex offender under Megan’s Law.
If you are facing child endangerment charges, it is in your best interest to fight them with the help of an experienced attorney who will fight to protect your freedom and legal rights. Steven Hernandez of The Hernandez Law Firm, P.C. is a highly qualified child endangerment defense lawyer who knows what it takes to win tough cases. Contact our Toms River, NJ, law office today to schedule a free consultation to learn more about our legal services and how we can help.
What Does It Mean to Endanger the Welfare Of A Child?
The legal definition of child endangerment may vary from state to state. In New Jersey, these criminal charges may be brought against anyone who engages in sexual conduct with a child, including:
- Making physical contact with a child for sexual gratification
- Showing a child materials that are sexual in nature
- Engaging in sexual intercourse in the presence of a child
- Asking a child to engage in sexual acts in front of them
Although this is not an exhaustive list of sexual behaviors that could be considered child endangerment, in general, the state may bring these charges against you for engaging in any kind of conduct that is sexual in nature with a child.
You can also face criminal charges for endangering the welfare of a child if you harm, abuse, or neglect a minor. There are many different types of conduct that are considered harmful, abusive, or neglectful, including:
- Failing to provide proper and sufficient food, clothing, medical attention, or education to a child
- Failing to provide a clean and proper home
- Using excessive physical restraint on a child
- Failing to provide adequate supervision of a child
- Putting a child at a substantial risk of injury or death (driving while intoxicated with a child in the car is one example of this offense)
- Engaging in an indecent, immoral, or unlawful act in front of a child
- Seriously injuring a child or allowing someone else to seriously injure a child
- Sexually abusing a child or allowing someone else to sexually abuse a child
- Inflicting unnecessarily severe corporal punishment upon a child
Is Endangering the Welfare Of A Child A Felony or Misdemeanor Crime?
In New Jersey, misdemeanor crimes are known as disorderly person offenses, and felony offenses are known as indictable crimes. Endangering the welfare of a child is an indictable crime. Depending on the nature of the offense and the relationship between the victim and defendant, the offense can be charged as either a first, second, third, or fourth-degree indictable crime.
For example, if an adult who commits this crime is legally responsible for caring for the victim, the adult will face second-degree charges. However, if the adult did not have a legal responsibility to care for the victim, it is charged as a third-degree indictable crime.
In other examples, an individual may be convicted of a second-degree crime if they cause or permit a child to engage in a prohibited sexual performance act such as child pornography that may be photographed, reproduced, or distributed on the Internet. However, suppose the individual is the parent, guardian, or person responsible for the care or custody of the child. In that case, the accused may be charged with first-degree child endangering the welfare of a child.
One of the most significant aspects of endangering the welfare of a child is the harsh penalties that a conviction carries for defendants.
If you have been charged with endangering the welfare of a child, you must hire a highly experienced criminal defense attorney immediately who can provide you with aggressive legal representation. Contact our law office today to schedule a free, confidential consultation so that we may determine your legal options.
What Are the Penalties For Endangering the Welfare Of A Child in New Jersey?
The penalties for endangering the welfare of a child will depend on how the state charges the offense. However, regardless of how the criminal offense is charged, convictions carry severe penalties and can lead to devastating consequences for defendants.
In most New Jersey cases, endangering the welfare of a child is charged as a second-degree crime. Penalties for a second-degree felony conviction of endangering the child include:
- 5 to 10 years in prison
- A fine of up to $150,000
Penalties for a third-degree conviction include:
- Three to 5 years in prison
- A fine of up to $15,000
However, many child endangerment cases involve the sexual abuse of children, which may be charged as a first-degree crime. If your case involves sexual conduct with a child, you could face additional penalties for a conviction. Criminal penalties for a first-degree crime involving sexual abuse of a child include:
- Up to 25 years in prison
- A fine of up to $250,000
Defendants convicted of this type of crime may be required to register on the state’s sex offender registry as required by Megan’s Law. Mandatory registration means your personal information, including the details of your conviction, will be available to the public.
Being a registered sex offender or spending time behind bars can impact both your personal and professional life. The only way to avoid these penalties is to fight the charges with the help of a New Jersey defense attorney from The Hernandez Law Firm. Allow our dedicated legal team to challenge the evidence the state is using against you, weaken their case, and work tirelessly to reach the best possible outcome.
What Happens After a Person is Arrested for a Child Endangerment Charge?
No one ever wants to believe they may be charged with child endangerment. However, anyone facing charges should understand how the legal process works after arrest and what they should expect going forward.
After a person has been arrested by the local police department, they will be taken to jail, where they are booked and charged with the criminal offenses they have been accused of. Other steps include:
- Initial appearance: The defendant will have an initial court appearance to inform them of the charges and advised of their legal rights
- Bail hearing: A bail hearing may be held to determine if the defendant should be granted bail. However, depending on the facts involved in the case, the defendant may not be eligible for bail
- Pre-trial proceedings: As the name suggests, pre-trial proceedings are various legal processes that occur between the judge, prosecution, and defense. They include the discovery phase, exchange of evidence, and pretrial motions
- Negotiations and plea bargaining: During this stage of the legal process, the prosecution and defense often work together to negotiate a plea bargain to reduce or possibly dismiss the charges.
- Trial: The case will proceed to trial if the prosecution and defense cannot reach a plea bargain. During the trial phase, each side will present evidence and witnesses to convince the jury why the defendant should or should not be convicted of the charges. Afterward, the judge or jury will deliberate and reach a verdict
- Sentencing: If the defendant pleads guilty or is found guilty, a sentencing hearing will be held to determine the criminal sentence that will be imposed, including incarceration, probation, fines, and other penalties
Due to the legal complexities associated with New Jersey law, anyone who has been charged with child endangerment or other child offenses must have a well-trained attorney who will help them fight the charges. For example, a well-trained child endangerment lawyer may be able to challenge the state’s evidence and have it thrown out, which often leads to the charges being reduced or possibly dismissed.
If you have been arrested for a child offense, contact The Hernandez Law Firm, P.C., to schedule a consultation with Steven Hernandez, who will thoroughly assess your legal options.
Why Should I Trust Your New Jersey Child Endangerment Attorney to Defend My Case?
Have you been accused of endangering the welfare of a child? You should never try to face these charges alone. Instead, it is best to allow The Hernandez Law Firm, P.C., to fight for your freedom and protect your professional and personal standing in the community.
Due to the social stigma associated with crimes such as child abuse, child pornography, or any other child charge, you cannot afford not to hire a criminal defense attorney who will work tirelessly to help you win your case.
When we agree to take your case, we will examine the state’s evidence against you to determine its strengths and weaknesses. Even more importantly, our dedicated team of professionals will work to develop innovative legal strategies to obtain a favorable outcome for your criminal charges.
For example, our legal team has a proven track record of negotiating with prosecutors to reach plea deals for individuals facing serious criminal charges such as child neglect or other child endangerment.
However, it is essential to remember that if your case goes to trial, the prosecution must prove beyond a reasonable doubt that you are guilty of the crime. Our New Jersey child endangerment attorney, Steven Hernandez, has extensive trial experience and will fight to win.
Our child endangerment attorneys also have the experience and resources you need to beat these criminal charges. To learn more about your legal options, contact The Hernandez Law Firm, P.C., and schedule a free consultation with our team. You can schedule a consultation by calling our law firm at (732) 582-5076 or filling out the form on our website today. Let our team protect your rights, future, and reputation.