Charged with Endangering the Welfare of a Child Essex County

Criminal defense lawyers with offices in Newark, New Jersey

Endangering the welfare of a child is a serious felony charge in New Jersey which can be graded as a second degree or third degree felony depending on the circumstances of the alleged offense. In other cases, you may be charged with child abuse, under Title 9, which is a fourth degree crime. Regardless, these are serious felony charges that must be tackled head on to make sure you don’t end up in jail or with these charges on your permanent record. New Jersey judges will not hesitate to impose the maximum allowable punishments in sex crime cases. When the case involves a child whom the defendant had a legal duty to care for, the penalties can be even more severe. That’s why it is crucial that you speak with experienced legal counsel about your Child Endangerment charges before making any statements to law enforcement.

The attorneys at the Tormey Law Firm specialize in criminal defense work. In fact, the firm’s exclusive focus on criminal defense has allowed us to establish a strong reputation as aggressive litigators who will do everything possible to assist our clients in the courtroom. We have defended numerous clients against Endangering the Welfare of a Child charges in Essex County, NJ, including South Orange, Nutley, and Roseland. Moreover, our firm’s litigation team includes a former municipal and county prosecutor who handled all kinds of sexual offenses.

Contact the Tormey Law Firm

If you have been accused of Endangering the Welfare of a Child in New Jersey, we can help you beat your charges and avoid jail time. Call us today at 201-654-3464 to begin your defense.

NJ Child Endangerment Statute: N.J.S.A. 2C:24-4

Endangering the Welfare of a Child charges are addressed by N.J.S.A. 2C:24-4. The statute applies to anyone who causes harm to a child or puts a child’s safety or morals at risk; however, offenders are subject to more severe penalties if they are related to the child or entrusted to care for the child.

Some of the circumstances leading to a Child Endangerment charge include:

• Sexual Conduct: Individuals who have a legal duty to care for a child or who have assumed responsibility for the care of the child may be charged with a second degree felony if they engage in sexual conduct with the child; anyone else may be charged with a third degree felony.
• Allowing Child to Be Photographed: A parent or person legally charged with the care of the child is guilty of a first degree felony if they cause the child to engage in a prohibited sexual act that is photographed, filmed, or reproduced; anyone else may be charged with a second degree felony.
• Photographing a Child: Anyone who photographs or films a child engaged in a prohibited sexual act may be charged with a second degree felony.
• Possession of Photographs of Child: A person who knowingly possesses or views a photograph or film of a child engaging in prohibited sexual acts may be charged with a fourth degree felony.
• Trafficking in Photographs of Child: Anyone who receives or distributes a photograph or film of a child engaging in a prohibited sexual act may be charged with a second degree felony.
• Driving while intoxicated (DWI) or driving under the influence of drugs (DUI) with a minor child in the vehicle. This can be charged as a second degree or third degree felony.

Penalties for Endangering the Welfare of a Child

Regardless of the level of the offense, your Child Endangerment charge will carry severe penalties because it is considered a felony. However, the classification of a Child Endangerment charge greatly affects the range of penalties:

• First Degree: 10–20 years in prison
• Second Degree: 5–10 years in prison
• Third Degree: 3–5 years in prison
• Fourth Degree: Up to 18 months in prison

Moreover, regardless of the level of the charge, a conviction for Endangering the Welfare of a Child may result in a requirement to register as a sex offender or submit to community supervision for life.

Frequently Asked Questions (FAQ) Regarding Child Endangerment in Essex County NJ

FAQ – Is child endangerment a felony (indictable) charge in NJ? Yes. These are felony charges prosecuted in the Superior Court by the County Prosecutors office. They can be graded as a first degree, second degree, third degree, or fourth degree crime depending on the nature and circumstances of the alleged offense.

FAQ – Am I going to jail if convicted? It depends on the degree of your charges and your prior criminal history (if any). There is a presumption of jail time for first or second degree crimes (even if you have no prior record). On the other hand, there is a presumption of no jail time on third and fourth degree crimes for first time offenders.

FAQ – Can I get Pre-Trial Intervention (PTI)? Possibly. PTI is a first time offender diversionary program which is usually reserved for lower level felony offenses (third and fourth degree). However, you can get PTI on a second degree crime if the prosecutor consents to the defendants application. If a defendant is placed on PTI probation and successfully completes it, the charges are dismissed. They can then file an expungement after 6 months to get the arrest removed from their record as well.

Call an Irvington Child Endangerment Lawyer

You need to take Endangering the Welfare of a Child charges seriously because the consequences of a conviction are severe. Do not put your freedom or your good name at risk. Call the Tormey Law Firm today at 201-654-3464 to discuss your case, or email us to schedule a free consultation at our office in Newark, NJ.