New York Child Abuse Penalties

Child abuse is an umbrella term that can constitute a lot of things. The standard understanding of child abuse is either verbal or physical harm perpetrated on a child. However, the penal law, based on the way it is written, includes a number of other actions that would also constitute child abuse. The most common charge associated with this crime is endangering the welfare of a child.

This crime will be charged when a person has done something that will potentially result in some sort of harm to a child. There are specific rules against providing alcohol or drugs to a child and having a child in a place where other listed activities constitution are going on. Anything that can reasonably be considered harmful to a child will be considered child abuse, even if does not leave physical scarring or bruising. If you have been with child abuse and now face New York child abuse penalties, consult a qualified domestic violence attorney that can attempt to mitigate these penalties, and build your defense.

What Happens After an Incident of Child Abuse is Reported?

A lot of what happens following the reporting of child abuse depends on the relationship between the child and the defendant. There will be an order of protection issued in favor of the child against the defendant, and that will happen once the person is arrested and arraigned. The judge at the arraignment will issue an order of protection any time there is an allegation that a child has been placed in danger or harmed by the defendant.

In addition, if the defendant is the parent, the administration for child services will probably be called. Depending on the severity of the allegations, there might be proceedings instituted to sever the custody rights of the parent, or, if it is a separated parent situation, to give the other parent custody of the child if they are capable. There can be a wide variety of consequences regarding the relationship with the child, depending on the actual allegations of abuse. Furthermore, an individual will probably find themselves facing New York child abuse penalties, following an arrest.

Potential Immediate Criminal Consequences Associated with Child Abuse

In the short term, when somebody is charged, they potentially risk losing whatever relationship they have with the child, whether it is a familial relationship or a guardianship of some sort. They will also face criminal charges and New York child abuse penalties, which is serious in and of its own right, because child abuse cases can be misdemeanors or felonies, depending on what the specific allegations of misconduct are.

Long-Term Criminal Consequences Associated with Child Abuse

The long-term effects of any criminal case are based on what happens if the person is convicted. If there is any sort of culpability finding, whether it is a trial or a plea, the criminal record tends to stay with somebody for a long time, and in some cases forever.

Being convicted makes it difficult to get a mortgage, finance a car, get a job, go back to school, and open a bank account in some situations. The long-term consequences, in addition to any relationship issues that are caused by allegations of child abuse, also have a long-term impact on the everyday things that go on in somebody’s life.

Impact a Criminal Case Can Have on a Civil Case

The first thing to know is that there is a difference in the burden of proof between a civil case and criminal case. In the criminal case, a prosecutor has to prove guilt beyond a reasonable doubt; in a civil case, it is a preponderance of the evidence.

That means that if there is a guilty plea in a criminal case or a trial verdict of guilty in a criminal case, it can be taken to a civil court as proof of liability regarding a certain charge. It can be used as evidence in a case the same way that the civil finding can be potentially introduced in a criminal case. However, because the burden of proof is lower in a civil case, it is not as a probative. A conviction in a criminal case will satisfy the evidentiary burden in a civil case, but a finding of culpability in a civil case will not satisfy the burden in a criminal matter.

Reasons to Contact a New York Child Abuse Lawyer

The biggest reason to contact an attorney is that the outcome of the case can have such a significant impact on your life. When the charges filed against are so emotionally charged, as is the case with child abuse, there is a difference in how society perceives a conviction.  When a prospective employer or admission agency goes through a bunch of applications, if they see somebody who has been convicted of a non-victim crime like drug or marijuana possession, for example, even if that is the same level as the offense as a child abuse charge that somebody has pled guilty to, people view crimes against children as more serious.

It is very important if you have been accused of child abuse to vigorously defend yourself. Having an attorney who is familiar with not only the subject matter but also the criminal processing can help to fully secure the rights of somebody who has been accused under that statute. It is important for them to retain somebody who can do that for them because the nature of the crime and New York child abuse penalties are severe.