Child Abuse
Child Abuse and Neglect Defense
Lawyer Fighting Child Abuse Chages in Manhattan
Allegations of child abuse or neglect in New York are taken extremely seriously, with cases often leading to criminal charges, family court involvement, and loss of parental rights. Law enforcement, child protective services (CPS), and prosecutors aggressively investigate and pursue these cases, sometimes relying on misunderstandings, false accusations, or exaggerated claims. A conviction can result in severe penalties, including prison time, restraining orders, and permanent damage to parental rights.
In many cases, child abuse and neglect charges stem from misinterpreted discipline, false reports from custody disputes, or medical conditions mistaken for abuse. Once an accusation is made, the case is often out of the accuser’s hands, meaning even if the report was made in error, the state can still move forward with prosecution. Having a skilled defense attorney is essential to protect parental rights, challenge weak evidence, and build a strong legal defense.
Facing Child Abuse Charges?
A child abuse or neglect charge can lead to serious legal consequences and affect custody,
employment, and your future. The Law Office of Yifei He, PLLC provides strategic legal defense
to challenge allegations and protect families. Let's talk. Call us at
917-338-7678 for a free case evaluation.
What Qualifies as Child Abuse and Neglect in New York?
New York law defines child abuse and neglect under New York Family Court Act § 1012 and Penal Law §§ 260.10-260.15, covering a wide range of conduct. The law applies to parents, guardians, and anyone legally responsible for a child and can include:
- Physical Abuse – Inflicting injury through hitting, punching, burning, or any excessive discipline resulting in harm.
- Emotional or Psychological Abuse – Verbal threats, extreme punishment, or actions that harm a child’s mental well-being.
- Sexual Abuse – Any inappropriate sexual contact or exploitation of a minor.
- Neglect – Failing to provide proper food, shelter, clothing, medical care, or supervision.
- Endangering the Welfare of a Child – Placing a child in dangerous conditions or exposing them to illegal activity.
Even cases that involve accidental injuries, non-traditional parenting styles, or false accusations during custody battles can result in serious criminal charges and CPS investigations.
What Are Common Child Abuse and Neglect Charges in Manhattan?
- Endangering the Welfare of a Child (NY Penal Law § 260.10) – A misdemeanor charge for placing a child in harmful conditions or failing to provide adequate care.
- Assault in the Second or Third Degree (NY Penal Law § 120.05, § 120.00) – Charges that arise when a child suffers physical injury, even if the act was unintentional.
- Unlawful Imprisonment (NY Penal Law § 135.05, § 135.10) – Applies when a parent or guardian restricts a child’s movement in a way deemed unlawful.
- Criminal Neglect (NY Penal Law § 260.15) – Failing to provide basic needs, such as food, shelter, or medical care, leading to harm.
- Sexual Abuse Charges (NY Penal Law § 130.65-130.80) – Any sexual contact involving a minor can lead to felony-level charges with severe penalties.
How Can a Lawyer Help?
Child abuse and neglect cases are emotionally charged and can quickly become one-sided in the legal system. A skilled defense attorney reviews every detail of the accusation, looking for inconsistencies, false claims, and weak evidence. Many cases involve hearsay, misleading medical reports, or exaggerated allegations that cannot be proven beyond a reasonable doubt. A lawyer can challenge unreliable testimony, expose errors in the investigation, and present evidence that supports a parent’s innocence.
In cases involving CPS investigations or family court proceedings, legal representation is critical to prevent the loss of parental rights, fight against unfounded allegations, and ensure a fair legal process. A defense attorney can also negotiate with prosecutors to reduce charges, seek alternative sentencing, or fight for a complete dismissal.
Strong Defense Strategies for Child Abuse Cases
New York courts take child abuse and neglect cases seriously, but a strong legal defense can challenge the allegations and prevent wrongful convictions. Common defense strategies include:
- False Allegations – Many accusations arise from divorce and custody battles, personal disputes, or misinterpretations. A defense attorney can present evidence proving the claim was fabricated or exaggerated.
- Lack of Intent – Some cases result from accidental injuries, miscommunication, or misunderstandings about parenting choices. Proving no criminal intent can weaken the prosecution’s case.
- Insufficient Evidence – If there is no medical proof, reliable testimony, or supporting documentation, the case may not meet the legal standard for a conviction.
- Religious or Cultural Differences – Parenting styles and disciplinary methods vary by culture and religion. A lawyer can argue that traditional practices were misinterpreted as abuse.
- Violation of Rights – If the investigation involved coerced confessions, unlawful searches, or biased handling by CPS, these violations can lead to dismissal of charges.
Why Let The Law Office of Yifei He Defend You?
Child abuse and neglect cases require experienced and aggressive defense to protect parental rights and prevent a wrongful conviction. The Law Office of Yifei He, PLLC has extensive experience handling complex child abuse allegations in Manhattan and provides strategic legal representation for those facing criminal and family court proceedings.
Schedule a FREE Meeting with a Lawyer
A child abuse or neglect accusation can turn a person’s life upside down, but being accused does not mean being convicted. A strong defense can challenge false claims, protect parental rights, and prevent unjust penalties. The Law Office of Yifei He, PLLC provides strategic legal representation to fight these serious allegations and ensure a fair legal process.
Call The Law Office of Yifei He, PLLC at 917-338-7678 or click here to contact us online to schedule a free consultation.
Common Questions About Child Abuse and Neglect Charges
Yes. If Child Protective Services (CPS) determines that a report is credible, they may notify law enforcement, leading to criminal charges, arrest, and family court proceedings.
Penalties vary based on the severity of the charges. Misdemeanor neglect charges can result in fines, probation, and parenting classes, while felony child abuse can lead to years in prison, loss of parental rights, and permanent criminal records.
Yes. Even if criminal charges are dropped, a CPS investigation can impact custody and visitation rights. Courts prioritize the child’s best interests, and accusations alone can influence custody decisions.
Yes. If there is insufficient evidence, false allegations, or a lack of criminal intent, charges may be dismissed or reduced with the right legal defense.
Remain silent, do not discuss the case with CPS or police, and contact an attorney immediately. Anything said to investigators can be used as evidence, and a lawyer will provide the best strategy for defense.