Endangering the Welfare of a Child Charges for DUI
Charged with Endangering Welfare of a Child in Monmouth County?
Have you been charged with endangering the welfare of a child as a result of being arrested for driving while intoxicated in Monmouth County? If so, we strongly recommend that you speak to an experienced Monmouth County criminal defense attorney as soon as possible about your options. At Proetta & Oliver, all to often we speak to potential clients who suddenly find themselves in the midst of a nightmare as a result of a split second lapse in judgement. Endangering the welfare of a child is a very complex offense that covers all types of potential conduct, including but not limited to child pornography, sexual assault, physical assault and even emotional abuse. With that being said, one of the more frequent ways in which we see an individual being charged with endangering the welfare of a child is when that persons is also being charged with driving while intoxicated. If a child is present in the vehicle at the time the individual is accused of driving under influence, they could and most likely will be charged with endangering the welfare of a child as well. If this is to occur, it can quickly turn a bad situation into a nightmare. Although the license suspension on a DWI can have a significant effect on someones life, the potential jail exposure on an endangering charge will almost certainly cripple it. As you will see below, endangering the welfare of a child is considered either a second or third degree felony depending on the underlying facts surrounding the incident. Therefore, the potential jail exposure can range up to a decade.
As you can see this is a very serious offense and one that should not be taken lightly. If you have been placed under arrested and charged with endangering the welfare of a child as a result of a DUI, assault by auto, eluding, leaving the scene of an accident or death by auto in Monmouth County, the Law Offices of Proetta & Oliver can help. Our attorneys have handled numerous endangering charges stemming from this specific fact pattern. If you have unfortunately found yourself in this scenario and would like to speak to one of our attorneys about your options then please contact us directly at 732.858-6959. We are well aware of what a felony conviction and a lengthy license loss let alone a potential jail sentence can do to someones life. As such, we are dedicated to aggressively challenging the evidence presented against our clients in order to obtain a favorable outcome. We appear in courts throughout Monmouth County, including courts in towns like Middletown, Wall Township, Holmdel, Asbury Park, Tinton Falls, Eatontown, Freehold, Ocean Township, Belmar and Neptune. If you have any questions whatsoever, please do not hesitate to contact us.
Endangering Welfare of Child Charges in New Jersey
A Defendant charged with endangering the welfare of a child as a result of a DUI offense is based on the premises that child in question suffered some form of harm that would make the child considered abused or neglected as a result of them being a passenger in a vehicle that was being operated by an intoxicated driver. Pursuant to NJSA 2C:24-4(2), any person who has a legal duty to care for the child (i.e. parent) or who assumed responsibility to care for the child will be charged with a crime of the second degree. Conversely, anyone else will be charged a crime of the third degree. It is important to note here that pursuant to NJSA 2C:24-4(b)1, the age of the children protected by this subsection was increased from sixteen to eighteen years old.
Is there Jail time for an Endangering Charge in NJ?
Anyone charged with an endangering the welfare of a child offense in the second degree is facing anywhere from five to ten years in a state prison and up to a $150,000 fine. Also, since this is considered a second degree felony, a presumption for incarceration would apply. Anyone facing a third degree endangering the welfare of a child charge would be facing anywhere from three to five years in a prison and a $15,000 fine. Unlike a crime of the second degree, anyone facing a third degree would be obtain the presumption against incarceration. But, that presumption only applies to state prison and not county jail. For more information on the potential exposure that someone faces if they are charged with endangering the welfare of a child please contact our Middletown office at 732.858.6959.
Can I get PTI on an Endangering the Welfare of a Child Charge?
Pretrial Intervention, also known as “PTI”, is a diversionary program in New Jersey whereby if the Defendant successfully completes the probationary period without violating any of the terms, the charges would be dismissed outright. Typically, anyone charged with a second degree crime will be facing an uphill battle if they are trying to gain acceptance into the PTI program but it is not an absolute bar and the presumption against entry can be overcome. Anyone charged with a third degree crime has a much better chance of gaining entry in the PTI program. For more information on the PTI program and what is required to gain entry, please checkout our Pretrial Intervention practice area by clicking the link.
DWI & Endangering the Welfare of a Child Lawyer in Middletown NJ
At Proetta & Oliver we understand the stress and anxiety that most feel when they are facing criminal charges. As such, we are dedicated to working very hands on with our clients in order to help make this process as painless as possible. If you would like to come into our Middletown office and speak to one of our attorneys about your options, then please feel free to contact us at 732.858.6959. One of our attorneys would be glad to go over the specifics of your case and formulate game plan that works best to suit your needs. We serve all of Monmouth County, including towns like Hazlet, Aberdeen, Long Branch, Oceanport, Manalapan, Marlboro, Neptune, Freehold, West Long Branch and Highlands.