What Makes The Best NJ Criminal Defense Attorneys? White Collar Crimes, Consequences & Defense. Do not put your freedom or your good name at risk. If the child is 16-years old and is left home alone for a few hours, that should not be prosecuted. Mr. Tormey was recently recognized as one of the top 10 criminal lawyers in New Jersey by the American Jurist Institute. | Recently Booked | Arrest Mugshot | Jail Booking . Endangering the welfare of a child in New Jersey is a criminal offense governed by N.J.S. 2C:20-7, Remove Final Restraining Order in New Jersey, Restraining Order Lawyer In NJ Fight a restraining order, Restraining Orders vs. Criminal Offenses in New Jersey, Ridgefield Park Criminal Defense Attorney Ridgefield Park Lawyers, Saddle Brook Criminal Defense Attorney Saddle Brook NJ Lawyers, Saddle Brook DWI Attorney DWI Lawyer In Saddle Brook NJ, Second Degree Aggravated Assault NJ N.J.S.A. The term "file-sharing program" includes but is not limited to a computer program, application or software that enables a computer user to participate in a peer-to-peer network. The only requirement is that the conduct indicates recklessness or unreasonable risk of harm to a minor. Under New Jerseys criminal child abuse laws, any parent, guardian, or person having the care, custody or control of any child, who shall abuse, abandon, be cruel to or neglectful of any child shall be deemed to be guilty of a crime of the fourth degree. Contacting us does not create an attorney-client relationship. It is also a fourth degree crime to engage in child neglect or cruelty under N.J.S.A. Abuse and love form part of a soup in which the ingredients have melded into one. 2C:24-4 which provides: Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child . First, there must be proof that the defendant was in a caretaking position and second, there was a criminal act. Charges for Endangering the Welfare of a Child can be classified as first, second, third, or fourth degree crimes,depending on the circumstances of the specific case. If a parent or legal guardian is convicted of child endangerment, the court may strip the parent of parental rights. 1555 Zion Road Suite 201Northfield, NJ 08225Toll Free: 1-866-330-4951Phone: (609) 641-2266Fax: 609-641-3677, 106 North Main StreetCape May Court House, NJ 08210Toll Free: 1-866-330-4951Phone: (609) 465-6500Fax: 609-641-3677, 3309 New Jersey AvenueWildwood, NJ 08260Toll Free: 1-866-330-4951Phone: (609) 522-3778Fax:609-641-3677, 1125 Atlantic Ave Suite 500Atlantic City, NJ 08401Toll Free: 1-866-330-4951Phone: (609) 344-9958Fax: 609-641-3677, Copyright 2023 | Online Marketing & Website Design by Majux. Similar to the sexual component of the statute, the child abuse section can be imprecise at times. In addition, you could face other penalties, such as restraining orders against you or being stripped of child custody and visitation rights. Here is a review from one of the many satisfied clients of the Tormey Law Firm: Excellent communication and legal skills, The Tormey Law Firm did an outstanding job with what some would consider a nearly impossible motion and legal action. What are the penalties for eluding police in NJ 2C:29-2? Air Gun, Airsoft Gun, BB Gun, Paintball Gun, and Toy Gun Laws in NJ, Unlawful Possession of a Weapon in New Jersey. We also work to protect our clients from unreasonable search and seizure and stop charges that stem from police officers illegally entering homes or responding to false complaints or allegations without probable cause. Please feel An allegation of child abuse, per se, is not the only scenario that may lead to fourth-degree criminal child abuse charges because New Jerseys criminal laws include abandonment, cruelty, and neglect as separate and distinct grounds to charge a parent with fourth-degree criminal child abuse. Neglect also means the continued inappropriate placement of a child in an institution, as defined in N.J.S.A. Under New Jersey Code Title 9, specifically statute N.J.S.A. Fourth Degree Endangering the Welfare of a Child: punishable by a period of up to 18 months in New Jersey State Prison Third Degree Endangering the Welfare of a Child: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison 2C:24-4a applies when a NJ endangering the welfare of a child charge involves sexual conduct. If convicted, a person is faces 5 to 10 years in prison and a maximum fine of $150,000. If any other person, meaning a person who does not have a legal duty to care for a child, engages in the above-described conduct with a child, they are guilty of a third degree indictable offense. Lets examine the states child endangerment law and how it applies to parents and legal guardians who have been accused of child abuse or neglect in New Jersey. For instance, a babysitter or coach tends to fall into this category. Get free summaries of new opinions delivered to your inbox! However, under this part of the statute, the act is not sexual in nature. Prison: Third degree charges could see you sentenced to up to . Whether it's parents with drug addiction problems, overwhelmed guardians, or grandparents raising their grandkids the way they were raised, if a child is being harmed by their caretakers, everyone in Kentucky has the duty to report that abuse to the authorities. 2C:20-11, Short Hills Mall Shoplifting Charges Dismissed, Simple Assault Charges Dismissed in Cliffside Park NJ, Simple Assault Charges Dismissed in Teaneck Court Thanks to the Tormey Law Firm, Conditional Dismissal Program in New Jersey, Teaneck NJ Criminal Defense Attorney Teaneck NJ Lawyers, Teaneck NJ DWI Attorney DWI Lawyer In Teaneck New Jersey, Temporary Restraining Order (TRO) Dismissed Thanks to the Tormey Law Firm, Temporary Restraining Order (TRO) Dismissed Thanks to the Tormey Law Firm LLC, The Different Stages Of A DWI Case NJ DWI Lawyer, The First Step to Beating Your Assault Charge: Finding an Experienced Criminal Law Attorney, The Tormey Law Firm: Providing Top Quality Criminal Law Services to the New Jersey Area, Theft and Receiving Stolen Property 2C:20-7A Defeated, Theft Lawyer NJ Fight Theft Charges 2C:20-11 In New Jersey, Theft of Movable Property Charge in Saddle Brook, Bergen County Results in No Criminal Record, Theft Offense Penalties, Defense New Jersey, Third Degree Aggravated Assault In New Jersey, Third Degree Terroristic Threats Charge Dismissed in Essex County NJ, Tormey Law Firm Wins Final Restraining Order Trial in Union NJ, Case Dismissed, Traffic Lawyer Attorney For Traffic Violations, Driving with a Suspended Drivers License in New Jersey: N.J.S.A. Arrested for Drunk Driving NJ, What are the Penalties? Contact an Experienced Bergen County Child Endangerment Defense Lawyer for Help. 2C:24-4. Fourth Degree Child Abuse Charges in New Jersey. amended 1979, c.178, s.46; 1983, c.494; 1992, c.2; 1992, c.6; 1995, c.109; 1998, c.126; 2001, c.291; 2013, c.51, s.13; 2013, c.136, s.1. Further, sexual conduct charged under the statute requires mandatory sex offender registration per the terms of Megan's Law in New Jersey. However, the law allows a Judge considerable leeway in determining . The facts and circumstances of the relationship need to be thoroughly evaluated before this element of the offense can be proven. Abuse or neglect a child under age 16. Any other person who engages in conduct or who causes harm (as described in the statute) to a child under the age of 16 is guilty of a crime of the third degree. We will examine every facet of your case in order to defend your constitutional rights and reputation. MARIAH HOFFA was booked on 2/28/2023 in Boyle County, Kentucky. You already receive all suggested Justia Opinion Summary Newsletters. The first component is whether the person being charged had a legal duty to care for the child or assumed the responsibility of care. New Mexico 30-6-1. . This means that the crime can carry fines up to $10,000 and jail time up to 18 months in prison. handle DYFS matters throughout Bergen County, Complete Guide to a Child Safety Protection Plan in New Jersey, Child Abuse Offenses Addressed by Federal Law, Effects of DCPP Conclusions on Family Law Cases in NJ. The crime of child abuse in NJ is a fourth degree crime. 2C:24-4. You can see the connection and overlap between these two laws, both of which may apply to a child abuse or neglect case. Penalties for misdemeanor child endangerment can include:. If the judge disregards the presumption and/or the individual has a prior record such that the . Further, sexual conduct charged under the statute requires mandatory sex offender registration per the terms of Megans Law in New Jersey. 39:4-96, Speeding Violations in New Jersey: N.J.S.A. b. 2C:12-1(a), Eluding Charges New Jersey 2C:29-2 Fight Eluding Arrest Charges, Expunge a Marijuana Charge from my Record in New Jersey, Expungement of a Diversionary Program in New Jersey, Expungement of a Municipal Ordinance in NJ, Expungement of an Indictable Felony in NJ, Failure to Install or Tampering with an Ignition Interlock Device, Failure to Make Lawful Disposition of CDS in NJ, FAQs About New Jersey DCPP Investigations, Fentanyl Possession and Distribution in New Jersey, Fight a Restraining Order Middlesex County NJ with the Tormey Law Firm LLC, Fight a Title 9 or Title 30 Complaint in New Jersey DYFS Cases, Fight Your Restraining Order In New Jersey, Fighting Aggravated Sexual Assault Charges in NJ, Fighting Endangering the Welfare of a Child Charges in NJ, Fighting Failure to Register as a Sex Offender Charges NJ, Fighting Promoting Prostitution Charges NJ, Final Restraining Order Vacated and Dismissed in Hackensack NJ After 10 Years, Fort Lee DWI Lawyers Fort Lee DWI Attorneys, Fort Lee NJ Aggravated Assault Charges Dismissed, Fort Lee NJ Criminal and DWI Defense Lawyers, Fourth Degree Child Abuse Charges in NJ DCP&P Cases, Fraud Charges In New Jersey and How to Fight Them, Garfield Criminal Lawyer The Tormey Law Firm Defense Attorney, Garfield DWI Attorney DWI Lawyer In Garfield NJ, Gun Charges NJ Penalties and Punishments, Gun Charges While Going To The Shooting Range, Gun, Firearms, and Weapons Offenses in New Jersey, Hackensack Lawyer Hackensack Attorney New Jersey, Harassment Charges Dismissed in Union Township Municipal Court, Hindering Apprehension or Prosecution: N.J.S.A. e. A person who knowingly possess or knowingly views any photograph, film, videotape, computer program or file, video game or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act, including on the Internet, is guilty of a crime of the fourth degree. Examples of child endangerment can include any threats to a child's physical, mental, or emotional wellbeing. These acts include engaging in sexual conduct that would impair or debauch the morals of the child. The term "child endangerment" is used to describe an act, or the failure to perform an act, that puts a child's safety in danger. Abuse: Examples of abuse are using excessive physical restraint on a child or isolating a child to deprive them of ordinary social contact. Is There Mandatory Jail Time for Assault in New Jersey? Share: Our Atlantic City child abuse defense lawyers at the Law Offices of John J. Zarych fight to protect our clients rights by working to get unjustified child abuse charges dropped and dismissed. Fourth degree child abuse is a misdemeanor and is punishable by a maximum term of imprisonment of one year. Call an Irvington Child Endangerment Lawyer. Notably, the first section of the statute reads that any person who has or assumed the responsibility of care over a child who engages in sexual conduct that would impair or debauch the morals of a child is guilty of a crime of the second degree. Domestic Violence Aggravated Assault, Terroristic Threats Dismissed in Essex County NJ, Domestic Violence Simple Assault Charges Dismissed in Carlstadt, NJ, Driving under the Influence (DUI) of Heroin in New Jersey, Driving under the Influence of Marijuana (DUI), Driving under the Influence of Oxycontin in New Jersey, Driving while Intoxicated (DWI) Charge Dismissed Thanks to the Tormey Law Firm LLC, Controlled Dangerous Substances Near or On School Property: N.J.S.A. A "child" is any person under 18 years of age. This means that the crime can carry fines up to $10,000 and jail time up to 18 months in prison. On top of that, these second degree felony charges are considered outside of the realm of Pre-Trial Intervention as a possible resolution to avoid prison and a conviction on your criminal record. As previously mentioned, New Jersey takes child engagement seriously. Travis J. Tormey was named among the Top 10 Criminal Defense Attorneys Under 40 In New Jersey in 2014 by the National Academy of Criminal Defense Attorneys. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-6, a person convicted of a second or subsequent offense under this subparagraph shall be sentenced to an extended term of imprisonment as set forth in N.J.S.2C:43-7. You're all set! A child is defined as any person under eighteen years of age. 9:6-1. First is the offense of child abuse itself. For a free consultation about your fourth degree criminal charges in South Brunswick, simply contact us at (732) 659-9600 today. Interlock Decisions on Sentencing: Who Decides? Whether you have been charged with the crime of child abuse due to abandonment, cruelty, or neglect, the experienced DCP&P defense attorneys at the Tormey Law Firm are available to discuss your case today, (908)-356-6900. Jersey. Child abuse is unquestionably a concern for the criminal court and any person found guilty of such an offense will be facing very serious consequences. 2C:24-4 Endangering welfare of children. Clearly, this is not something to be taken lightly. There is also a provision in the law that states that any person having a legal duty of care or assumes responsibility of care who causes the child harm that would make the child an abused or neglected child as defined by Title 9 is guilty of a crime in the second degree. An experienced defense attorney who has handled child welfare cases like yours is available to provide you with a free consultation. Nothing in this subparagraph shall be construed to preclude or limit any prosecution or conviction for the offense set forth in subparagraph (a) of this paragraph. "Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks. Can I represent myself in a DUI or DWI case? If you were accused of child abuse in New Jersey, our New Jersey child abuse defense lawyers may be able to help you avoid charges and fight to stay out of jail. According to Michigan Penal Code 750.136b (7), this statute applies whenever a defendant's omission or reckless act causes physical harm to a child. Or cruelty under N.J.S.A mandatory Jail time up to the parent of parental rights eighteen. Dui or DWI case the conduct indicates recklessness or unreasonable risk of harm to a child New... 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