Blog
NYC Child Neglect Lawyer
NYC Child Neglect Lawyer
Over 50 Years Of Combined Experience
If you’re on our website, it’s likely because you’re facing a child neglect allegation – and need an experienced attorney. At Spodek Law Group, we understand how frightening this can be. The stakes are high: your family, your reputation, and your future are all on the line. Our attorneys have handled some of the toughest cases nationwide, and we’re ready to help you now.
What Is Child Neglect Under NY Law
Child neglect usually involves claims that you failed to meet a child’s essential needs—like food, shelter, supervision, or medical care. Under New York’s Family Court Act (Article 10), these allegations can lead to family court proceedings. If there’s a criminal component, Penal Law sections might apply. In certain rare instances, federal jurisdiction can enter the picture, especially if there’s an overlapping federal statute or an interstate issue. We have offices throughout NYC, and our lawyers know how to tackle both state and federal charges.
Potential Penalties and Why Federal Matters
Child neglect can result in family court findings, the removal of a child from your care, fines, or even jail time. If a related federal charge arises—like crossing state lines, or using federal programs—then the Department of Justice can get involved. Federal courts operate under strict sentencing guidelines. Judges follow mandatory minimums that leave little room for negotiation. This is precisely why we believe everyone deserves a dedicated legal team.
Our Defense Philosophy
Spodek Law Group is known for delivering the best possible results. We have over 50 years of combined experience, and our clients trust us to protect them at every stage. Our philosophy is straightforward: we focus on winning. We look for ways to show the allegations are overblown, the investigation was flawed, or your rights were infringed. We never forget how important your child’s well-being is.
Roleplaying Different Defense Strategies
1. Demonstrating a Lack of Actual Harm
- Scenario: You left your teenage child home for a short errand, and someone calls ACS.
- Strategy: We gather school records, statements from neighbors, or anything else showing the child wasn’t in harm’s way.
- Possible Outcome: If there’s no genuine risk, the court may dismiss the case.
2. Challenging the Evidence
- Scenario: ACS claims you denied medical care, but you have proof of recent doctor’s visits.
- Strategy: We introduce medical bills, appointment confirmations, and expert witnesses.
- Possible Outcome: When the prosecution’s evidence doesn’t match reality, we push for dismissal or a lower-level resolution.
3. Fighting Overreach by Child Protective Authorities
- Scenario: ACS claims your living conditions are unsafe. You’re already working with housing assistance programs.
- Strategy: We show your proactive efforts—like applying for better housing—and dispute ACS claims of willful neglect.
- Possible Outcome: Courts often show leniency or drop charges when they see your genuine effort.
4. Federal Overlap and Strict Guidelines
- Scenario: You moved to another state for work, and the government claims you left your child unsupervised across state lines.
- Strategy: We attack the federal jurisdiction argument, show structured plans you had for childcare, and highlight any flaws in the investigation.
- Possible Outcome: If the federal case weakens, any state-level prosecution usually follows.
5. Negotiating a Reduced Charge
- Scenario: The district attorney offers a plea bargain that requires parenting classes in exchange for dropping serious charges.
- Strategy: We weigh the risk of trial versus the benefits of a plea deal that doesn’t ruin your life.
- Possible Outcome: A lesser charge or conditional dismissal that keeps your family together.
Table: Common Allegations and Possible Outcomes
| Allegation | Potential Penalties | Spodek Law Group Strategy |
|---|---|---|
| Inadequate Supervision | Family Court monitoring, removal of child | Show child’s maturity, highlight minimal risk |
| Medical Neglect | Fines, forced care orders | Provide proof of regular care, question ACS protocol |
| Federal Neglect Overlap | Mandatory minimum sentences (rare cases) | Challenge jurisdiction, highlight lack of criminal intent |
Federal Jurisdiction and Double Jeopardy
Clients sometimes worry about being prosecuted twice. Under double jeopardy, you can’t be charged for the exact same offense in state and federal court. But prosecutors can file different charges around the same incident. Our attorneys understand how to manage parallel investigations.
Sentencing Guidelines
In federal court, sentencing guidelines can be harsh. We pay close attention to how points are assigned. If we find any errors or see a way to argue for downward departures, we take it. At the state level, we also know which mitigating factors can influence a judge’s decision—like no prior record, genuine remorse, or existing family support services.
What You Should Do If Accused
First, avoid making statements on your own. Second, document every detail: communications, receipts, and anything else that shows you provided a safe environment. Third, contact an experienced lawyer. Our team is available 24/7, and we can guide you from day one.
Why Hire Spodek Law Group
We are a top-rated defense firm with a proven track record of success. We’ve been seen on major news outlets, and we understand the consequences you face. Our commitment is simple: we strive to get the best possible result for every single client. We take on select clients so we can devote maximum effort to your case. We have a fully digital portal for secure communication and a team that’s always ready to help.