Second Degree Endangering the Welfare of Child Charges Dismissed in Morris County NJ
Title 9 Child Abuse Neglect Allegations in Morris County NJ
Endangering the Welfare of Child Charges Morristown NJ Attorney Needed
Need a lawyer for child abuse or neglect allegations in Morris County? Contact us now to protect yourself and your rights.
The Morris County defense lawyers at the Tormey Law Firm recently succeeded with getting a case dismissed for another satisfied client. Our client was charged with child endangerment as the result of allegedly leaving his child alone in the car. He couldn’t believe that he was arrested and charged with a crime for running into a store to get some soup for his sick, sleeping child. But, before he knew it, he was arrested and charged with second degree child endangerment pursuant to N.J.S.A. 2C:24-4(a)(2) and abandonment pursuant to N.J.S.A. 9:6-1.
On a second degree offense, our client was facing five (10) to ten (10) years in prison with a presumption of jail time even if he has no prior criminal history. In fact, here are the penalties he was facing on a 2nd degree child endangerment charge in New Jersey:
- 5-10 Years in Prison with a Presumption of Jail time if Convicted
- Up to 5 Years Probation
- Permanent felony charge on background
- $150,000 fine
Immediately after being released, our client made a smart decision: he called the defense attorneys at the Tormey Law Firm. We met with him, compiled mitigating information regarding the allegations, and then made contact with the Assistant Prosecutor to discuss the case. Then, before even having to step foot in a court room, we achieved the best possible outcome for our client – dismissal.
According to N.J.S.A. 2C:24-4(a)(2), any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who causes the child harm that would make the child an abused or neglected child as defined in Title 9 is guilty of a crime of the second degree and any other person who engages in conduct or who causes harm as described in this paragraph to a child is guilty of a crime of the third degree. Moreover, pursuant to N.J.S.A. 9:6-1, abandonment of a child shall consist in any of the following acts by anyone having the custody or control of the child: (a) willfully forsaking a child; (b) failing to care for and keep the control and custody of a child so that the child shall be exposed to physical or moral risk without proper and sufficient protection; (c) failing to care for and keep the control and custody of a child so that the child shall be liable to be supported and maintained at the expense of the public, or by child caring societies or private persons not legally chargeable with its or their care, custody and control.
As one can see, the statutory language sets a high bar for child endangerment and abandonment. Fortunately for our client, we were able to utilize the underlying facts and mitigating information to our client’s advantage and reach a mutual agreement with the prosecutor that dismissal of our client’s case was the most appropriate outcome.
Attorney Needed – Endangering Welfare of Child Charge Morris County NJ
If you are charged with a criminal offense in Morris County, whether for allegations of weapons possession, drug possession or distribution, child endangerment, domestic violence, or any other crime, the experienced New Jersey defense lawyers at the Tormey Law Firm are available to discuss your case, develop a defense strategy, and work zealously to achieve the best possible outcome. Contact our Morristown office now for immediate assistance at 908-336-5008. The initial consultation is always provided free of charge.