Endangering the Welfare of a Child For DWI
Ewing NJ Endangering the Welfare of a Child Defense Lawyer
A common scenario for an endangering the welfare of a child offense in Ewing and elsewhere is the commission of driving while intoxicated with a minor in the vehicle. The lapse in judgment of driving after consuming too much alcohol or ingesting drugs can be extremely serious when an occupant of the vehicle is a child. A parent, guardian or other individual who is caring for the child is typically exposed to penalties for second degree abuse or neglect of a child, a DWI, and also faces involvement of the Department of Child Protection and Permanency (“DCPP”), formerly DYFS. This scenario certainly is not one that you should attempt to navigate without the assistance of a skilled defense lawyer. Attorneys at the Law Offices of Jonathan F. Marshall have been representing clients at the Mercer County Superior Court in Trenton for decades with success and are always available for free consultation with perspective clients. We serve those charged with endangering anywhere in the region including Ewing, Trenton, Lawrence, Hamilton and West Windsor. If you would like to speak to an attorney on our defense team, contact our office. We can be reached around the clock at 609–683–8102.
DWI Endangering Charge in Mercer County New Jersey
In accordance with N.J.S.A. 2C:24-4(a)(2), any individual who has a duty of care to a child (i.e. someone under 18 years old) or assumes responsibility for his/her care and “causes the child harm that would make the child an abused or neglected child…is guilty of a crime of the second second degree.” A parent, guardian or caretaker who recklessly creates a risk of injury to the child, such as driving while intoxicated or under the influence of drugs, commits abuse or neglect under New Jersey Law. In addition to being charged with a second degree crime under 2C:24-4 when such an incident occurs, there is exposure to additional violations when there is an accident. It is common for a charge to be filed for assault by auto, as well as aggravated assault, when a DWI related accident results in injuries to a minor passenger who has been entrusted to the care of an adult.
Elements of Offense
The Mercer County Prosecutor’s Office must prove three elements in order to convict you of this offense including that you: (1) had a legal duty of care or assumed responsibility for the child; (2) committed a DWI or driving under the influence of drugs; and (3) acted knowingly.
Penalties. Since an endangering the welfare of a child charge is indictable in nature, the only place it can be heard is at the county courthouse located in Trenton. A second degree crime of this nature carries penalties that are quite severe. If you fail to successfully defend your DWI related endangerment offense, you are subject to fine of up to $15,000 and a state prison term of 5-10 years. These penalties apply in addition to those which are triggered upon conviction for collateral assault charges.
Hamilton Township Endangering the Welfare of a Child Attorney
Hamilton has many high traffic roadways and is the most populated municipality in Mercer County so it makes sense that it would have as many DWI related child endangerment cases as any in the area. Whether you were charged under 2C:24-4 for DUI/DWI in Hamilton Township, Hopewell Township, Pennington, Robbinsville, Hightstown or East Windsor, your decision as to the attorney to defend you is abundantly important. The stakes are extremely high and the skill level of your the lawyer certainly plays a role in the outcome of your case. The attorneys in our Hamilton Office are ready to conduct a thorough review of your matter anytime 24/7. The consultation is always free. Call us at 609–683–8102 for sound guidance from one of our lawyers now.