Endangering the Welfare of a Child New York

Being charged with Endangering the Welfare of a Child in New York is a serious matter that can affect your freedom, family, and reputation. Under New York Penal Law § 260.10, even a misunderstanding or lapse in judgment can result in criminal charges that impact your parental rights and future.

At the Law Offices of Matthew Cohan, we have extensive experience defending clients accused of child endangerment. We understand that many of these charges are exaggerated or fabricated, often arising from domestic disputes or custody battles.

What Is Endangering the Welfare of a Child?

Under NY Penal Law § 260.10, a person commits this offense when they:

260.10(1): Knowingly act in a manner likely to be injurious to the physical, mental, or moral welfare of a child under 17 years old, OR direct or authorize such child to engage in an occupation involving substantial risk of danger to their life or health

260.10(2): As a parent, guardian, or custodian of a child under 18, fail to exercise reasonable diligence in controlling the child to prevent them from becoming an "abused child," "neglected child," "juvenile delinquent," or "person in need of supervision" as defined in the Family Court Act

The law is intentionally broad, which means people are sometimes charged even when they had no intention to harm a child.

Common Examples

• Leaving a child unattended in a vehicle
• Allowing a child near dangerous items or substances
• Exposing a child to domestic violence or illegal activity
• Using excessive physical discipline
• Failing to supervise a child in hazardous conditions
• Allowing a child to engage in dangerous activities

Penalties

Endangering the Welfare of a Child is a Class A misdemeanor carrying:

• Up to 1 year in jail
• Up to 3 years of probation
• Fines and court surcharges
• Orders of protection limiting contact with your children or family
• A permanent criminal record affecting employment, licensing, and custody rights

In cases involving allegations of physical injury or sexual conduct, prosecutors may file additional felony charges, significantly increasing potential penalties.

Common Defenses

Lack of Knowing Conduct

The law requires that you "knowingly" acted in a harmful manner. Accidental or negligent actions do not meet this standard. If you were unaware of the risk or did not intentionally act in a harmful way, this provides a defense.

False or Exaggerated Accusations

Many child endangerment cases arise from domestic disputes, custody battles, or misunderstandings. We thoroughly investigate the circumstances and challenge accusations based on ulterior motives or bias.

No Actual Risk to the Child

The prosecution must prove the conduct was "likely" to cause harm, not merely that harm was possible. We examine whether the alleged conduct actually created a substantial risk.

Reasonable Parental Discipline

New York law permits parents to use reasonable physical discipline. What constitutes "reasonable" depends on the circumstances, including the child's age, the nature of the discipline, and whether it caused injury.

Our Experience

At the Law Offices of Matthew Cohan, we have successfully defended clients across New York, including New York City, Long Island, and surrounding areas, against child endangerment charges. We understand how emotional and sensitive these cases can be, especially when family relationships and parental rights are at stake.

We have achieved favorable outcomes including:

• Complete dismissals based on insufficient evidence
• Acquittals at trial
• Reduced charges through negotiation
• Adjournments in Contemplation of Dismissal (ACDs) resulting in sealed records

Our experience in both criminal defense and family law matters allows us to navigate the legal and personal challenges these cases present.

Why Immediate Action Is Critical

Child endangerment cases require careful strategy and immediate action to:

• Preserve evidence that supports your defense
• Interview witnesses while memories are fresh
• Address any related Family Court proceedings
• Protect your parental rights and custody arrangements
• Challenge orders of protection that may be unjustified

Do not speak with law enforcement or child protective services without an attorney present. Statements you make, even if well-intentioned, can be used against you.

Contact Us Today

If you have been charged with Endangering the Welfare of a Child under NY Penal Law § 260.10, contact the Law Offices of Matthew Cohan today for a free, confidential consultation.

We will review the charges against you, explain your options, and build a strong defense to protect your rights, your family, and your future.

Call us now to take the first step toward protecting your freedom and reputation.