NYC Endangering the Welfare of a Child Defense | NY Penal Law 260.10 Attorneys

NYC Endangering the Welfare of a Child Defense | NY Penal Law 260.10 Attorneys

So your probably sitting at home right now after CPS showed up at your door, or maybe the cops just arrested you for something you thought was normal parenting. Maybe you left your 12-year-old home alone for an hour. Maybe you spanked your kid and someone called the police. Or maybe your ex is making false accusations to get custody. Look, we get it. Your TERRIFIED of losing your kids. And honestly? You should be worried! Because NY Penal Law §260.10 can destroy your entire family!

What Is Endangering the Welfare of a Child in NY?

Let me break this down for you because the law is ridiculously broad and vague. Endangering the welfare of a child means you “knowingly act in a manner likely to be injurious to the physical, mental or moral welfare” of someone under 17. That’s it. That’s the whole definition. Think about how insane that is – “moral welfare” could mean literally ANYTHING.

Here’s what prosecutors claim counts as endangerment: leaving your kid in the car for 2 minutes while you run into a store. Having a beer while your kids are home. Arguing with your spouse in front of the children. Letting your teenager walk to school alone. Having prescription medication where kids might reach it. Spanking with a belt. Yelling too loud during discipline. Even posting pictures of your kids on social media has been called endangerment!

The law also says if your a parent or guardian and you fail to exercise “reasonable diligence” to prevent your kid from becoming delinquent, neglected, or abused – that’s endangerment too. So if your teenager shoplifts while your at work? YOUR fault. If your ex-husband hits the kids during his custody time? Somehow YOUR fault for not preventing it according to Article 260 of the Penal Law.

Can You Go to Jail for Endangering the Welfare of a Child?

YES, you can absolutely go to jail! Endangering welfare is usualy a Class A misdemeanor which means up to ONE YEAR in Rikers Island or county jail. Not probation, not community service – actual jail time. Plus up to 3 years of probation after that. Plus fines. Plus you’ll have a criminal record forever.

But wait, it gets worse. If you were driving drunk with a kid in the car? That’s automaticaly a CLASS E FELONY on the FIRST offense – up to 4 years in state prison! Not jail, PRISON. Plus fines up to $5,000. Plus you lose your license. Plus CPS takes your kids. One bad decision after having drinks at dinner and your entire life is destroyed.

We’ve seen parents get arrested for letting there 13-year-old babysit younger siblings. We’ve seen mothers go to jail because there boyfriend hit the kids while she was at work. Fathers arrested for arguments that got too loud. Even parents who used marijuana LEGALLY for medical reasons have been charged because kids were in the house. The system is completly out of control and prosecutors use these charges as weapons.

What Happens If CPS Gets Involved in My Case?

When you get charged with endangering welfare, its not just criminal court – CPS (or ACS in NYC) launches there own seperate investigation and they don’t care if your innocent. They have the power to remove your children IMMEDIATELY while your case is pending. No trial, no proof, just “emergency removal for safety.”

Here’s what happens: CPS shows up, usualy with cops. They interrogate you without a lawyer. They demand to search your home. They interview your kids at school without telling you. They talk to neighbors, teachers, doctors – anyone who might say something negative. They take pictures of your house looking for “hazards” like dishes in the sink or laundry on the floor. Everything becomes evidence against you.

Then comes Family Court – a completely seperate nightmare from criminal court. You’ll face neglect proceedings where the burden of proof is LOWER than criminal court. They can take your kids with just “preponderance of evidence” – basicaly 51% sure you did something wrong. You’ll get court-ordered services like parenting classes (that you pay for), anger management (even if your not angry), supervised visits with YOUR OWN CHILDREN, drug tests (even with no drug history).

The worst part? NY Office of Children and Family Services puts you on the State Central Registry – a blacklist that follows you forever. Can’t work with kids. Can’t adopt. Can’t even volunteer at your kids school. Some people have been on it for decades for things that weren’t even crimes!

Can I Lose Custody of My Kids Over These Charges?

ABSOLUTELY. This is the number one weapon in custody battles. Your ex just has to call CPS with an allegation – doesn’t matter if its false – and suddenly YOUR the one fighting to see your kids. Family court judges “err on the side of caution” which means guilty until proven innocent when kids are involved.

Even if your not convicted criminaly, Family Court can still terminate your parental rights based on the same allegations. Different court, different rules, different burden of proof. We’ve seen parents lose there kids permanently over charges that were later dismissed or where they were found not guilty. The Family Court judge doesn’t care – they’ll say “the criminal acquittal doesn’t mean it didn’t happen.”

During the case, you’ll probably get an Order of Protection that prevents you from seeing your kids at all. Could be months or even years before you get unsupervised visits again. Every visit is at some depressing supervised visitation center where someone watches you play with YOUR OWN CHILDREN and writes reports about whether your a good parent. Its absolutely DISGUSTING how they treat parents!

Is Spanking Your Child Illegal in New York?

Technically, spanking is legal under NY Penal Law §35.10 which allows “reasonable” physical discipline. But here’s the problem – who decides what’s reasonable? The same prosecutors trying to convict you!

What the law says is reasonable: light spanking with an open hand on the bottom. What prosecutors charge as criminal: using a belt, leaving any mark whatsoever, spanking too many times, spanking a child “too young” (they never say what age), spanking in anger, spanking in public where someone might see.

We’ve literally seen parents arrested because there kid had a red mark that lasted 20 minutes. Teachers are MANDATORY REPORTERS – if your kid goes to school and mentions getting spanked, even normally, the teacher HAS to call CPS or they lose there job. Then CPS shows up, sees any tiny mark, and boom – your arrested for assault AND endangerment.

Different cultures have different discipline methods but New York doesn’t care. What your parents did to you? Probably illegal now. What’s normal in your community? Doesn’t matter. One person’s “reasonable discipline” is another person’s “child abuse” and guess who gets to decide? Not you!

What Age Can You Leave a Child Home Alone in NY?

Here’s the crazy part – THERE IS NO LEGAL AGE! The law doesn’t say when kids can be left alone. It’s all about the “circumstances” and the child’s “maturity level.” So your gambling every single time you leave your kid alone. What one cop thinks is fine, another arrests you for.

Generally, prosecutors claim: Under 8? NEVER alone, not even for 5 minutes. Ages 8-10? Maybe an hour during the day if there “mature.” Ages 11-12? Few hours maybe, but not at night. Ages 13-15? Longer periods but not overnight. Ages 16-17? Still can get you in trouble if something happens!

But here’s what’s insane – we’ve seen parents arrested for leaving a 14-year-old home for 2 hours after school. The kid was fine, watching TV, no problems. But a neighbor called cops about an “abandoned child” and the parent got charged! We’ve seen mothers arrested because they work night shifts and there 16-year-old was home alone overnight. The system punishes working parents who don’t have perfect childcare.

And forget about letting kids walk to school or the park alone like we all did growing up. That’s “endangerment” now. Some parent in another state let there 10-year-old walk to the park and got arrested. In NYC, parents have been investigated for letting kids take the subway at age 12. The “free range parenting” that was normal 20 years ago is now criminal!

What Are Defenses to Endangering Welfare Charges?

Thank God there are some defenses, but you need an aggressive lawyer who actually fights these cases. Here are the main defenses we use:

First, the “reasonable parent” defense – would a reasonable parent in your situation have done the same thing? Maybe you had a medical emergency and had to leave kids briefly. Maybe you were disciplining appropriately for the behavior. Maybe the child was mature enough for the situation.

Second, lack of knowledge – you have to KNOWINGLY endanger the child. If you didn’t know your boyfriend had a record when he babysat. If you didn’t know the medication was where kids could reach it. If you didn’t know your teenager was sneaking out at night. No knowledge = no crime.

Religious beliefs can be a defense too. If you refused medical treatment based on sincere religious beliefs, that’s protected under NY Penal Law §260.15. But be careful – judges often don’t respect religious freedom when kids are involved.

We also attack CPS investigations which are often garbage. They misquote you, they exaggerate conditions, they ignore evidence that helps you. We’ve caught CPS workers lying in reports, doctoring photos, coaching children to say things. When we expose there lies, cases fall apart.

Can You Get a Felony for Child Endangerment?

YES! While its usualy a misdemeanor, several situations make it a FELONY with state prison time:

• DWI with a child under 16 in the car = Automatic CLASS E FELONY (up to 4 years prison)
• Causing serious physical injury through endangerment = Felony assault charges added
• Drug crimes committed with children present = Enhanced felony charges
• Repeat offenses = Upgraded to felony level

They’re also trying to pass new laws making MORE situations felonies. Politicians love being “tough on crime” especialy crimes involving kids. There’s a proposed bill for “Endangering Welfare First Degree” as a felony for “aggravated” cases – whatever that means. The definitions keep expanding and penalties keep getting worse.

If you have any prior record, even unrelated crimes, prosecutors push for felony charges. If CPS was previously involved with your family, they’ll upgrade charges. If anyone claims the child was injured (even minor bruises), they add assault charges. The system is stacked against parents.

What’s the Difference Between Endangerment and Abuse?

This confuses everyone because the terms get thrown around randomly. Technically, endangerment is putting a child AT RISK of harm – no actual injury needed. Abuse requires actual harm or injury to the child. But prosecutors charge both and let the jury figure it out.

Example: Leaving your kid in a hot car for 2 minutes while you grab coffee? That’s endangerment (risk of harm). The kid actualy getting heat stroke? That’s abuse (actual harm). But here’s the thing – prosecutors will charge you with BOTH and see what sticks. They’ll say you endangered the welfare AND committed reckless assault.

In Family Court its even more confusing. They use terms like “neglect” and “maltreatment” which overlap with endangerment. CPS might say you “neglected” your child by working late hours, even if you had a babysitter. They’ll claim “educational neglect” if your kid misses too much school, even if there sick. Everything becomes abuse or neglect in there world.

The real difference? Abuse gets you more prison time but endangerment is easier to prove. That’s why prosecutors LOVE endangerment charges – they don’t need to prove any actual harm, just that harm was possible. Your kid could be perfectly fine and you still get convicted.

Why Spodek Law Group for Child Endangerment Cases?

Look, we know your probably interviewing multiple lawyers right now, and most of them are probably scaring you with worst-case scenarios to get your money. That’s not how we operate. We’ve been defending parents against these BS charges for years and we know how to fight both the criminal case AND the CPS case.

We immediately file orders to stop CPS from interrogating your kids without lawyers present. We demand all there records, notes, and recordings (which they hate providing). We bring in our own experts – doctors who can testify marks are normal childhood bruises, psychologists who confirm your parenting is appropriate, social workers who actualy understand different cultural practices.

Most importantly, we treat you with respect. We know your not a bad parent – your just caught in an insane system that criminalizes normal parenting. We’ve raised kids ourselves. We understand that sometimes you have to make imperfect decisions. We won’t judge you like everyone else is doing right now.

We also handle the Family Court case alongside the criminal case. Most criminal lawyers don’t know Family Court and most Family Court lawyers don’t understand criminal defense. You need someone who can coordinate both cases because what happens in one affects the other. We make sure your not saying something in Family Court that hurts your criminal case or vice versa.

Call us RIGHT NOW at 212-300-5196
CPS doesn’t wait – Neither should you!

Don’t wait until your kids are taken! Don’t talk to CPS without a lawyer! Don’t think being cooperative will make this go away! Every single day you wait, CPS builds there case against you. They’re interviewing witnesses, gathering “evidence,” and preparing to destroy your family. The sooner we get involved, the better chance we have of keeping your family together!

Remember – your not just fighting criminal charges, your fighting for your children! One wrong move and you might never have unsupervised time with them again. Let us protect both your freedom AND your family!

Disclaimer: Prior results don’t guarantee similar outcomes. Every case is unique. But we promise to fight like your kids are our kids.