(516) 972-1212

Child Abuse and Neglect

Child abuse and neglect are serious offenses that carry significant legal and social consequences in New York State. The state’s laws aim to protect children from harm and provide avenues for prosecuting offenders while safeguarding defendants’ rights through due process.

Child Abuse and Neglect Attorney in Nassau County

Child abuse charges can result in loss of custody, jail time and substantial fines. A strong defense lawyer is necessary to protect your rights as a parent and avoid these undesirable outcomes.

Stephanie Selloni is recognized by the legal community through her admittance into several reputable law associations such as the Nassau County Criminal Courts Law and Procedure Committee and the New York State Association of Criminal Defense Lawyers (NYSACDL).

The Law Office of Stephanie Selloni represents clients for child abuse and neglect throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call (516) 972-1212 or simply submit an online contact form for more information.

Child Abuse and Child Neglect in New York

Back to top

Child Abuse

Abuse is defined by the court under a variety of definitions.

Child physical abuse occurs when a parent or caretaker inflicts or allows someone to inflict serious physical injury other than by accidental means. This includes, but is not limited to, shaking, beating, biting, kicking, punching, and burning. It is also considered abuse if a parent creates a condition or allows the condition to be created, that leads to a child becoming the victim of serious physical injury. Child sexual abuse includes incest, rape, obscene sexual performance, fondling a child’s genitals, intercourse, sodomy, and any other contact such as exposing a child to sexual activity, or commercial sexual exploitation such as prostitution of a minor or production of pornographic materials involving a minor.

Back to top

Child Neglect

Neglect is a form of child abuse that is committed when a parent or guardian fails to provide required services, care or supervision. Some examples of this include not taking a child to the hospital after an injury, not providing food or leaving the child unsupervised. The key aspect of all of these cases are that the child’s health and well-being must be in danger as a result of the parent or guardian’s actions.
The following are some specific examples of neglect:

  • Failure to support a child’s educational needs either by keeping a child home from school for unexcused reasons or not following up with a child’s educational needs despite the school’s outreach to the parent or caretaker.
  • Failure to provide adequate food, clothing, or shelter.
  • Failure to provide medical or mental health care (including drug abuse services).
  • Leaving a child alone who is not developmentally able to be left alone without adequate supervision.
  • Leaving a child with someone without establishing a plan for the provision for food, clothing, education, or medical care.
  • Leaving a child with someone that does not have the ability to appropriately supervise or protect the child.
  • Subjecting a child to humiliation, fear, verbal terror, or extreme criticism.
  • Using corporal punishment beyond what is objectionably reasonable and it results in the physical or emotional harm of a child.
  • Exposing a child to family violence.
  • Parent or caretaker using drugs to the point of not being able to adequately take care of a child.
  • Keeping, manufacturing, or selling drugs in the presence of a child, or giving drugs to a child.

Back to top

Penalties for child abuse in New York

Penalties for child abuse and neglect in New York can vary based on the severity of the offense, the relationship between the abuser and the child, and other mitigating factors. It is important to note that the state views many of these laws as felony charges.
Penalties may include:

Criminal Charges

Individuals accused of child abuse or neglect may face criminal charges, which can range from misdemeanors to felonies depending on the circumstances. Penalties may include fines, probation, community service, and imprisonment.

Loss of Custody

Parents or guardians found guilty of child abuse or neglect may lose custody or visitation rights to the child. In severe cases, parental rights may be terminated permanently.

Civil Penalties

In addition to criminal charges, perpetrators of child abuse or neglect may face civil penalties, including lawsuits for damages and monetary compensation to the victim or the victim’s family.

Mandatory Reporting

New York law mandates certain professionals, including teachers, doctors, social workers, and law enforcement personnel, to report suspected cases of child abuse or neglect to the appropriate authorities. Failure to report can result in penalties for the mandated reporter.

Back to top

Defenses Against Allegations of Child Abuse and Neglect

Offenses surrounding children are taken extremely seriously by the state of New York. The following are a few of the most common accusations and defense strategies.

False Accusations

In some cases, allegations of child abuse or neglect may stem from misunderstandings, false accusations, or malicious intent. Defendants may present evidence to challenge the credibility of the accuser or provide alibis to support their innocence.

Lack of Evidence

Prosecutors must prove the elements of child abuse or neglect beyond a reasonable doubt to secure a conviction. Defendants may challenge the sufficiency or reliability of the evidence presented against them.

Parental Discipline

Parents have the right to discipline their children within reasonable limits, provided that the discipline does not result in harm or injury to the child. Defendants may argue that their actions constituted reasonable discipline rather than abuse or neglect.

Mental Health or Substance Abuse Issues

Defendants with mental health disorders or substance abuse problems may argue that their condition impaired their judgment or ability to care for the child, thereby mitigating their culpability.

Compliance with Treatment or Rehabilitation Programs

Defendants who demonstrate genuine remorse for their actions and a commitment to rehabilitation may receive more lenient sentencing or alternative dispositions, such as participation in counseling or parenting classes.

Back to top

Additional Resources

Administration for Children’s Services – The New York City ACS provides information on defining child abuse and what to do if you spot it.
New York Attorney General – New York State Attorney General provides additional resources for understanding child abuse laws as well as recovering and preventing missing children.

Back to top

Nassau County Defense Lawyer for Child Abuse / Neglect

Stephanie Selloni is recognized by the legal community through her admittance into several reputable law associations such as the Nassau County Criminal Courts Law and Procedure Committee and the New York State Association of Criminal Defense Lawyers (NYSACDL).

The Law Office of Stephanie Selloni represents clients for child abuse and neglect throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call (516) 972-1212 or simply submit an online contact form for more information.

Back to top