Facing allegations of child endangerment, child abuse, or another child-related crime can have serious consequences. All child-related crimes carry steep penalties under New Jersey law, and getting convicted can negatively impact all aspects of your life. As a result, executing an effective defense strategy is essential, and hiring an experienced New Jersey criminal defense attorney is the first step in the process.
What You Need to Know to Build an Effective Defense Strategy
While hiring an experienced New Jersey criminal defense attorney is the first step in the process, there are several additional steps involved in defending against child endangerment, child abuse, or other child-related criminal charges in New Jersey. With this in mind, here are five key facts you need to know:
1. You Need to Know the Specific Charge (or Charges) Against You
First and foremost, you need to ensure that you understand the specific child-related charge (or charges) you are facing. There are several child-related criminal offenses under New Jersey law, and these offenses range from fourth-degree to first-degree indictable crimes. Some examples of potential charges include:
- Committing any act of child neglect
- Committing any act of child abuse or child cruelty
- Engaging in sexual conduct with a child
- Permitting a child to engage in a prohibited sexual act
- Producing, distributing, or possessing child pornography
Each of these charges consists of several “elements,” and prosecutors must prove each element of each charge in order to secure a conviction. Once you hire a New Jersey criminal defense attorney to represent you, your attorney will be able to examine the charge (or charges) you are facing and explain the specific allegations you need to defend against. Your attorney will also be able to assess the degree of each charge you are facing and explain the penalties that are on the table.
2. You Need to Know the Source of the Allegations Against You
When you are facing charges for child endangerment, child abuse, or another child-related crime, it is also important to know the source of the allegations against you. This is one of several factors that could play a key role in building your defense strategy.
For example, if you have been accused of child abuse or child endangerment by a former spouse or partner, your New Jersey criminal defense attorney may be able to question this individual’s motive for calling the police. If you have been falsely accused by a vindictive former spouse or partner (or if it is possible that this might be the case), exposing this could be enough to avoid a conviction. On the other hand, if you are facing allegations from unbiased witnesses who say that they saw the abuse first-hand, this is a very different scenario. You could still have a variety of defenses available, but you will need to work with your attorney to determine what defenses you can assert under the circumstances at hand.
3. You Need to Know if You Are Facing Immediate Consequences
In many cases, individuals who have been accused of child endangerment, child abuse, and other child-related crimes can face immediate consequences in New Jersey. These consequences include the imposition of a restraining order, among others. Family courts can impose restraining orders before child endangerment and child abuse cases go to trial in criminal court—and, if you violate a restraining order, this could expose you to additional criminal consequences.
4. You Need to Know What Evidence is Available
In all criminal cases, prosecutors have the burden of proving the defendant’s guilt beyond a reasonable doubt. Meeting this burden of proof requires evidence to support it.
As a result, when facing allegations of child endangerment, child abuse, or any other child-related crime, it is essential to know what evidence is available. Once you know what evidence prosecutors plan to use against you, you build a defense strategy focused on demonstrating that this evidence is insufficient to meet the prosecution’s burden of proof.
It is important to know what evidence exists that prosecutors aren’t planning to use as well. If you can introduce additional evidence that calls the validity of the prosecution’s case into question, this could also convince the judge or jury that there is reasonable doubt as to whether a conviction is warranted.
5. You Need to Know What Defenses You Have Available
Assessing the allegations against you and the evidence that is available will allow you to determine what defenses are available in your case. Some examples of potential defenses include:
- You have an alibi
- The allegations against you were fabricated
- Your alleged conduct doesn’t rise to the level of a criminal offense
- The prosecution’s evidence against you is inadmissible in court
- The prosecution’s evidence against you is insufficient to prove your guilt beyond a reasonable doubt
These truly are just examples. There are numerous potential ways to defend against child endangerment, child abuse, and other child-related charges in New Jersey. With that said, successfully defending against these charges in any circumstance is a high-risk matter that involves substantial challenges. It will be critical to ensure that you are making informed decisions about the defenses you choose to assert—and, depending on the facts of your case, it may be advisable to consider seeking a plea bargain as well. As we said above, hiring an experienced New Jersey criminal defense attorney is the first step. If you are facing any type of child-related criminal charge in New Jersey, we encourage you to contact us promptly to discuss your case in confidence.
Discuss Your Case with a New Jersey Criminal Defense Attorney at Helmer, Conley & Kasselman, P.A.
Our criminal defense attorneys have extensive experience defending clients against all types of serious child-related criminal charges in New Jersey. To discuss your case with an experienced New Jersey criminal defense attorney at Helmer, Conley & Kasselman, P.A. in confidence, please call us at 877-435-6371 or let us know how to reach you online.
