Notably, the first section of the statute reads that any person who has or assumed the responsibility of care over a child who engages in sexual conduct that would impair or debauch the morals of a child is guilty of a crime of the second degree. 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. Glenn Kassman, the public defender for Aimee J. Lonczak, argues against detention before Judge Wendel E. Daniels on Thursday, as Assistant Prosecutor Alexander Becker listens. Abuse and love form part of a soup in which the ingredients have melded into one. 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. New Jersey may have more current or accurate information. 2C:12-1(a), Eluding Charges New Jersey 2C:29-2 Fight Eluding Arrest Charges, Expunge a Marijuana Charge from my Record in New Jersey, Expungement of a Diversionary Program in New Jersey, Expungement of a Municipal Ordinance in NJ, Expungement of an Indictable Felony in NJ, Failure to Install or Tampering with an Ignition Interlock Device, Failure to Make Lawful Disposition of CDS in NJ, FAQs About New Jersey DCPP Investigations, Fentanyl Possession and Distribution in New Jersey, Fight a Restraining Order Middlesex County NJ with the Tormey Law Firm LLC, Fight a Title 9 or Title 30 Complaint in New Jersey DYFS Cases, Fight Your Restraining Order In New Jersey, Fighting Aggravated Sexual Assault Charges in NJ, Fighting Endangering the Welfare of a Child Charges in NJ, Fighting Failure to Register as a Sex Offender Charges NJ, Fighting Promoting Prostitution Charges NJ, Final Restraining Order Vacated and Dismissed in Hackensack NJ After 10 Years, Fort Lee DWI Lawyers Fort Lee DWI Attorneys, Fort Lee NJ Aggravated Assault Charges Dismissed, Fort Lee NJ Criminal and DWI Defense Lawyers, Fourth Degree Child Abuse Charges in NJ DCP&P Cases, Fraud Charges In New Jersey and How to Fight Them, Garfield Criminal Lawyer The Tormey Law Firm Defense Attorney, Garfield DWI Attorney DWI Lawyer In Garfield NJ, Gun Charges NJ Penalties and Punishments, Gun Charges While Going To The Shooting Range, Gun, Firearms, and Weapons Offenses in New Jersey, Hackensack Lawyer Hackensack Attorney New Jersey, Harassment Charges Dismissed in Union Township Municipal Court, Hindering Apprehension or Prosecution: N.J.S.A. | Recently Booked | Arrest Mugshot | Jail Booking . Get free summaries of new opinions delivered to your inbox! 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. What is New Jerseys Romeo and Juliet Law? 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. However, the charge is not titled child abuse but rather, endangering the welfare of a child. 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. Under New Jersey Code Title 9, specifically statute, The primary criminal statute that governs child abuse cases is N.J.S.A. 2C:17-1, New Jersey Carjacking Charges N.J.S.A. 9:6-3, 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. (a) A person commits sexual assault in the fourth degree if the person: (1) Being twenty (20) years of age or older: (A) Engages in sexual intercourse or deviate sexual activity with another person who is: (i) Less than sixteen (16) years of age; and (ii) Not the person's spouse; or (B) Engages in sexual contact with another person who is: a. This is usually referred to as OWI Child Endangerment. The crime of child abuse in NJ is a fourth degree crime. How to Tell if You Are the Subject of a Criminal Investigation in Atlantic County, NJ. Fourth Degree Endangering the Welfare of a Child: punishable by a period of up to 18 months in New Jersey State Prison Third Degree Endangering the Welfare of a Child: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison 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. A misdemeanor child endangerment conviction can bring fines of up to $1,000, while felony convictions can come with fines of up to $10,000 or more. Another example is leaving a child unsupervised. 2C:24-4, New Jersey Extreme Risk Protective Orders, New Jersey Gun Permit and Licensing Information, New Jersey LSD Possession & Distribution Charges, New Jersey Marijuana Distribution 2C:35-5, New Jersey Megans Law Tier Classification Appeal, New Jersey Methamphetamine Possession & Distribution, New Jersey Personal Injury Attorney Injury Lawyer In NJ, New Jersey Possession of Drug Paraphernalia, Newark Refusal to Submit Breath Test and Drunk Driving Dismissed, Why Is It Important To Hire A Lawyer? Similarly, our case law and jury instructions do not provide much guidance either. The primary criminal statute that governs child abuse cases is N.J.S.A. a. This can lead to increased penalties and legal issues as well, such as restraining orders. Fines. the client's choice award for four straight years (2013, 2014, 2015, 2016). The information presented in this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. 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 Air Gun, Airsoft Gun, BB Gun, Paintball Gun, and Toy Gun Laws in NJ, Unlawful Possession of a Weapon in New Jersey. Avvo Rating: 10. What is the Punishment for Cruelty to a Child in New Jersey? Do not put your freedom or your good name at risk. Other statutes, like 9:6-3 then use these definitions to establish criminal penalties. If you are facing charges for endangerment, get in touch with an experienced criminal defense attorney for defense in Morris County areas such as Morristown, Denville, Dover, Parsippany, Madison, Rockaway, Roxbury, and Mount Olive. For a free consultation about your fourth degree criminal charges in South Brunswick, simply contact us at (732) 659-9600 today. On the non-legal side of things, child abuse can cause severe problems for a family and a child, potentially causing the child to grow up with PTSD or other mental health issues caused by their childhood trauma. Fourth Degree Child Abuse Charges in New Jersey. However, an individual who only assumed temporary, brief or occasional caretaking functions will probably not be fit into the statutory definition. 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. New Jersey prosecutors and law enforcement take crimes against children seriously. To schedule a free legal consultation on your charges, contact our law offices today at (609) 616-4956. EARL WAYNE ENLOW was booked in Knox County, Kentucky for ASSAULT, 4TH DEGREE (CHILD ABUSE). Avenue Suite 400, 1 Gateway handle DYFS matters throughout Bergen County, Complete Guide to a Child Safety Protection Plan in New Jersey, Child Abuse Offenses Addressed by Federal Law, Effects of DCPP Conclusions on Family Law Cases in NJ. The following are the penalties for each level of offense in New Jersey: Overcoming child abuse charges can be an uphill battle. In a recent case that went all the way to the NJ Supreme Court, a defendant sought to appeal a his conviction, contending that the state must prove that a child suffered actual harm to convict under N.J.S.A. The bill defines serious bodily injury as an injury "which creates a substantial risk of death or which causes serious, permanent disfigurement, or . If the judge disregards the presumption and/or the individual has a prior record such that the . This web site is designed for general information only. Abuse or neglect a child under age 16. You're all set! 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. For a free legal consultation and more information about your charges and about child abuse laws in New Jersey, read through this guide and contact our attorneys today. (Karen Wall/Patch). "Prohibited sexual act" means (a)Sexual intercourse; or (b)Anal intercourse; or (c)Masturbation; or (d)Bestiality; or (e)Sadism; or (f)Masochism; or (g)Fellatio; or (h)Cunnilingus; or (i)Nudity, if depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction; or (j)Any act of sexual penetration or sexual contact as defined in N.J.S.2C:14-1. 2C:21-6h, Credit Card Theft Charges N.J.S.A. You Need an Attorney NOW, Charged with Disorderly Conduct in Hoboken? Under the new NJ DUI law, a serious bodily injury to a minor passenger would elevate the offense to a third degree crime, punishable by three to five years in prison and a fine as high as $15,000. Charged With a Gun Crime in New Jersey? Appeals Court Orders Re-Sentencing for Rockaway NJ Couple Convicted of Child Abuse, Tormey Law Firm Gets Child Endangerment Charges Dismissed in Morristown, NJ, Parsippany NJ Man Accused of Threatening Kids at Motel, New Jersey DWI and Criminal Defense Attorney. (2)(Deleted by amendment, P.L.2001, c.291). Please check official sources. Mr. Tormey was recently recognized as one of the top 10 criminal lawyers in New Jersey by the American Jurist Institute. 2C:39-5(b) In NJ, Unlawful Possession of Rifles and Shotguns N.J.S. Second degree offenses also carry tens of thousands of dollars in criminal fines and other penalties. The third component of the endangering the welfare of a child law is the exposure of harm to the child. 2C:12-1b, Second Degree Marijuana Possession with Intent to Distribute Results in PTI Program, Second Degree Robbery Charges Downgraded and Dismissed in Fort Lee NJ Thanks to the Tormey Law Firm LLC, Separating the Acceptable From the Experienced: Finding the Right Attorney For You, Shoplifting Charges in New Jersey N.J.S.A. (7)For aggregation purposes, each depiction of the sexual exploitation or abuse of a child shall be considered a separate item, and each individual act of distribution of an item depicting the sexual exploitation or abuse of a child shall be considered a separate item. 55 Madison Avenue Suite 400, Morristown, NJ 07960. Very serious criminal charges such as murder in the first degree can carry longer penalties. 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. Fourth degree child abuse is a misdemeanor and is punishable by a maximum term of imprisonment of one year. Endangering the welfare offenses involving the possession of child pornography are considered fourth degree crimes. : Part 2, Marijuana and the Law Fighting Charges #1, Marijuana Law in NJ Fighting Charges #3, Fighting Possession of Marijuana in NJ #4. Chelsea Hahn, a former Ewing teacher, was convicted of child endangerment. This crime can apply to people who have care, custody or control of a child or to anyone else who happens to commit these acts against a child. 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Tormey Beats DWI Charges in Morris Township, NJ, Travis J. Tormey Defeats DUI Charges in Clifton, New Jersey, Travis J. Tormey Helps Client Beat Restraining Order in Essex County, NJ, Travis Tormey Beats 25-Year-Old Marijuana Possession Charges in Mount Olive, New Jersey, Travis Tormey Fights, Successfully Contests Parsippany NJ DWI Charges, Travis Tormey Gets Clients DWI Charges Dismissed in Little Falls Municipal Court, Travis Tormey Helps Client Beat DWI, Marijuana Charges in Long Hill Twp., New Jersey, Wayne NJ Drunk Driving Charges Dismissed After Blood Test Results Suppressed, Juvenile Stop, Taking into Custody, Detention, & Review Hearings, Lawyer Reviews NJ Criminal Defense Law Firm, Leaving the Scene of an Accident Criminal Charge: N.J.S.A. 2C:29-2, Under the Influence of Drugs in Public Charges in NJ, Underage DUI or DWI in New Jersey Fight These Charges, Unlawful Possession of Other Weapons NJ, Unlawful Possession of Handguns N.J.S. 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