Similarly, our case law and jury instructions do not provide much guidance either. Note that this particular section of the New Jersey Code falls outside of the realm of the typical criminal statutes. In these situations, child endangerment is a second degree crime. Contact Blank Law, PC for Defense to Child Abuse Charges in Michigan N.J.S.A. No matter what criminal charges have led to your arrest, we will be by your side every step of the way and vigorously represent your best interests. The consequences of a second degree endangering the welfare of a child offense based on allegations of sexual conduct, abuse or neglect of a child for whom you have a legal responsibility can be catastrophic. What is New Jerseys Romeo and Juliet Law? 9:6-1. Mr. Tormey was recently recognized as one of the top 10 criminal lawyers in New Jersey by the American Jurist Institute. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); OurNew Jersey DCPP defense attorneys represent clients involved withchild protection proceedings in Bergen, Essex, Morris, Passaic, Hudson, Middlesex, Somerset, Camden, Warren, Hunterdon, Monmouth, Ocean, Burlington, Sussex, Mercer, and across New Jersey. (Karen Wall/Patch). An experienced defense attorney who has handled child welfare cases like yours is available to provide you with a free consultation. She was charged with ASSAULT, 4TH DEGREE (CHILD ABUSE). Again, the language is very vague and uninformative. This level of child endangerment also carries with it mandatory sex offender registration. On the bright side, having an experienced attorney by your . We will examine every facet of your case in order to defend your constitutional rights and reputation. Although the term "sexual conduct" lacks a specific definition, it is clear that it includes acts that would otherwise constitute sexual assault or criminal sexual contact. Street, 55 Madison Penal 130.70, see also second, third, and fourth-degree aggravated sexual abuse, 130.67, 130.66, and 130.65-a). Notwithstanding the provisions of subsection e. of N.J.S.2C:44-1, in any instance where a person was convicted of an offense under this subparagraph that involved 100 or more items depicting the sexual exploitation or abuse of a child, the court shall impose a sentence of imprisonment unless, having regard to the character and condition of the defendant, it is of the opinion that imprisonment would be a serious injustice which overrides the need to deter such conduct by others. New Jersey Punishments for Child Endangerment The Tormey Law Firm Can Help, Child Abuse and Endangerment in Union County NJ, Civil Restraints in NJ Restraining Order Cases, Community Service Instead Of DWI Penalties, Credit Card Fraud Charges N.J.S.A. 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. 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. If the child is 16-years old and is left home alone for a few hours, that should not be prosecuted. Five to 10 years. Deadly Women is an American true-life crime documentary-style television series that first aired in 2005 on the Discovery Channel, focusing on female killers.It was originally based on a 52- minute-long TV documentary film called "Poisonous Women," which was released in 2003. 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. Travis J. Tormey is an experienced criminal defense and drunk driving (DWI) attorney in Morris County servicing Boonton, Butler, Chatham, Chester, Denville, Dover, East Hanover, Florham Park, Hanover, Harding, Jefferson Twp., Kinnelon, Lincoln Park, Long Hill, Madison, Mendham, Mine Hill, Mount Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive, Mountain Lakes, Netcong, Parsippany-Troy Hills, Pequannock, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury, Victory Gardens, Washington Township, and Wharton. Endangering Welfare of Children. The criminal child abuse law further sets forth that cruelty to a child shall consist in any of the following acts: (a) inflicting unnecessarily severe corporal punishment upon a child; (b) inflicting upon a child unnecessary suffering or pain, either mental or physical; (c) habitually tormenting, vexing or afflicting a child; (d) any willful act of omission or commission whereby unnecessary pain and suffering, whether mental or physical, is caused or permitted to be inflicted on a child; (e) or exposing a child to unnecessary hardship, fatigue or mental or physical strains that may tend to injure the health or physical or moral well-being of such child. N.J.S.A. Will an arrest effect my professional license in New Jersey? Endangering the welfare offenses involving the possession of child pornography are considered fourth degree crimes. Iantosca, of Randolph, could have faced up to 18 months in jail. Slobodan Todoric was charged with second-degree aggravated assault, second-degree endangering the welfare of a child and fourth-degree child abuse and neglect, NJ.com reported, citing a statement . What qualifies as abuse is defined under N.J.S.A. Accordingly, each case needs to be examined separately and the facts and circumstances of every event need to be scrutinized. 2C:39-5(b) In NJ, Unlawful Possession of Rifles and Shotguns N.J.S. a. Criminal charges of this kind can cause irreparable harm to your reputation, your ability to parent your children, and jeopardize your freedom for up to a decade. What are the penalties for eluding police in NJ 2C:29-2? If a person has a legal duty to care for a child and causes harm to the child by abusing or neglecting the child, that person may also be charged with a second degree indictable offense carrying the same penalties penalties described above. N.J.S.A. The Tormey Law Firm in Morristown, New Jersey is a criminal and DWI defense team composed of former prosecutors and experienced criminal defense attorneys including former Morris County Prosecutors, former Morris County Municipal Prosecutors, an attorney who is certified on the Alcotest 7110 breath testing device, an attorney who is a certified field sobriety test instructor for DWI cases, a former domestic violence prosecutor, a former child abuse prosecutor, and experienced criminal defense lawyers who have literally handled thousands of criminal cases in Morris County NJ over the last 10 years. How to Tell if You Are the Subject of a Criminal Investigation in Atlantic County, NJ. Rather, the law turns to our child abuse statute found under Title 9, which, in short, defines child abuse as causing harm to a child or allowing a child to be exposed to a substantial risk of harm. Our attorneys work to protect our clients parental rights by ensuring that the legal definitions of abuse are properly applied and fighting charges for child abuse that do not rise to the level of a crime. FindLaw Newsletters Assumed care is not as straightforward. 2C:29-1, Oradell NJ Simple Assault Charges under NJSA 2C:12-1a Dismissed, Our Concentrations as a Criminal Defense Law Firm, Palisades Interstate Park Marijuana Charges Dismissed in Bergen County NJ, Palisades Park Criminal Defense Attorney -The Tormey Law Firm-, Paramus Criminal Defense Attorney Paramus Lawyers, Paramus NJ Restraining Order Dropped for Civil Restraints Agreement, Parental Rights in New Jersey DCP&P Cases, Penalties for disorderly conduct in New Jersey, Penalties for Disorderly Persons Offense in NJ, Possession of Destructive Devices N.J.S.A. 2C:24-4. This site is protected by reCAPTCHA and the Google, There is a newer version of the New Jersey Revised Statutes, Title 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE. 55 Madison Avenue Suite 400, Morristown, NJ 07960. In a prosecution under sub-subparagraph (iii) of this subparagraph, the State shall not be required to offer proof that an item depicting the sexual exploitation or abuse of a child had actually been searched, copied, transmitted or viewed by another user of the file-sharing program, or by any other person, and it shall be no defense that the defendant did not intend to distribute the item to another user of the file-sharing program or to any other person. Message. Do I Need an Attorney for an NJ Gun Permit? Fourth Degree Child Abuse or Neglect Charges in New Jersey Under New Jersey's 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. 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. Avvo Rating: 10. Contact an Experienced Bergen County Child Endangerment Defense Lawyer for Help. 2C:24-4. DWI lawyer NJ, NJ False Imprisonment Charges, Penalties & Domestic Violence, NJ Marijuana Attorney Defenses For Consented Search 2C:35-10, NJ Paraphernalia and Possession Charges Defeated, NJ Robbery Lawyer Fight Robbery Charges In NJ, NJ Strangulation Offenses, Law, & Penalties, Not Every Lawyer is a Good DWI LawyerWhat You Need to Know When Hiring a DWI Defense Attorney, Obstruction of Justice Charges N.J.S.A. A person commits a crime of the second degree if he causes or permits a child to engage in a prohibited sexual act or in the simulation of such an act if the person knows, has reason to know or intends that the prohibited act may be photographed, filmed, reproduced, or reconstructed in any manner, including on the Internet, or may be part of an exhibition or performance. 9:6-3. Like the first section of the statute, there are two major elements that must be proven by the State. Assault by Auto in New Jersey: Punishments, Defenses, Assault Weapon Charges Dismissed Thanks to PTI Program in Hunterdon County NJ, Assault, Battery and Domestic Violence Charges in New Jersey, Attacking Field Sobriety Tests in NJ DWI Case, Avenel Evaluation for Sex Offenses in New Jersey, Bayonne Possession of Marijuana Charges Dismissed in Hudson County NJ, Bergen County Child Abuse Allegations and Defenses, Bergen County NJ Drug Charges Information, Bergen County NJ Terroristic Threats and Harassment Charges, Bergen County Restraining Order and Edgewater Simple Assault Charges Dismissed Thanks to the Tormey Law Firm. Share: Depending on the circumstances, a charge of third degree aggravated assault can lead to five (5) years in prison, in addition to other penalties outlined below. 2C:35-7, Leader of Narcotics Trafficking Network: N.J.S.A. For a free consultation with a lawyer who can discuss your specific case and available defense options, contact 973-524-7238 anytime. With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them. For instance, a babysitter or coach tends to fall into this category. The act can be reckless or intentional, or an act of omission. Here are some things our Penalties for misdemeanor child endangerment can include:. If the child who is depicted as engaging in, or who is caused to engage in, a prohibited sexual act or simulation of a prohibited sexual act is under the age of 18, the actor shall be strictly liable and it shall not be a defense that the actor did not know that the child was under the age of 18, nor shall it be a defense that the actor believed that the child was 18 years of age or older, even if such a mistaken belief was reasonable. 2C:29-3, Hoboken Disorderly Conduct and Trespassing Charges Dismissed, Hoboken NJ Third Degree Aggravated Assault Charges Result in No Criminal Record, How To Beat An Assault Charge NJ Assault Lawyer, How To Fight A Restraining Order In New Jersey, How to fight NJ DUI Checkpoints Beat Sobriety Checkpoints, I was arrested for DWI after an accident in New Jersey, Intoxicated Driver Resource Center NJ IDRC. 2C:39-3a, Possession Of Marijuana Attorney For Marijuana Possession 2C:35-10, Possession of Marijuana Charges Dismissed in the Paramus Municipal Court, Possession of Pellet Gun, Knife Result in No Criminal Record in Linden NJ, Possession of Weapons for Unlawful Purposes Charge NJ 2C:39-4, Prescription Drug Charges 2C:35-10.5 in New Jersey, Reasonable Suspicion Defense for NJ DUI Charges, Receiving Stolen Property and Possession of Burglary Tools Dismissed Hackensack Municipal Court, Receiving Stolen Property in New Jersey N.J.S.A. I had some difficulty getting this clear. Booking Number: EE38MW227202371700 Booking Date: 2/27/2023 7:17:00 PM "Reproduction" means, but is not limited to, computer generated images. "Item depicting the sexual exploitation or abuse of a child" means a photograph, film, video, an electronic, electromagnetic or digital recording, an image stored or maintained in a computer program or file or in a portion of a file, or any other reproduction or reconstruction which depicts a child engaging in a prohibited sexual act or in the simulation of such an act. 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 . Depending on the circumstances of the offense, endangering the welfare of a child may be classified first, second, third, or fourth degree crime. Do not put your freedom or your good name at risk. Clearly, this is not something to be taken lightly. She was 29 years old on the day of the booking. Contact our offices now for immediate assistance at (908)-356-6900. The crime of fourth degree child abuse is the only child abuse offense that has no requirement that the act is intentionally directed at the child. Many forms of conduct qualify as violations of the New Jersey endangering the welfare of a child statute, section2C:24-4. Felonies are graded on a scale from first (most serious) to fourth (least serious) in New Jersey. For example, forcing a minor to engage in intercourse or fellatio would certainly be deemed a sexual act and moreover, would unquestionably impair the morals of a child. Third Degree Endangering the Welfare of a Child. 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. Get free summaries of new opinions delivered to your inbox! The potential jail is between zero (0) and five (5) years. However, the law allows a Judge considerable leeway in determining . In these situations, child endangerment is a second degree crime. 4 Punishment when the minor is at risk of death . 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. Lastly, these charges are deemed ineligible for expungement. If the State can show that the parent engaged in some form of sexual conduct, a conviction may be warranted. 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. Endangering Welfare of Children. 9:6-3. This is a fourth degree crime that can lead to jail time and fines, and it is defined specifically to cover the abuse of a child under 18. A person may also be charged simply for possessing . DYFS does not make determinations of 4th degree child abuse. Website. The criminal child abuse statute further establishes that 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. For immediate assistance at ( 908 ) -356-6900 who has handled child welfare cases yours! There are two major elements that must be proven by the American Institute. Who has handled child welfare cases like yours is available to provide you with a free at! 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