Saturday, March 26, 2016

New Jersey | Child abuse



STARLAW.US
Child abuse is a nationwide problem. The national Center for Child Abuse Information states that 40 children are wounded or killed by gunfire every day in the United States. This problem has urged the New Jersey legislature to create a multifaceted web of child abuse statutes. Federal criminal law has no comparable set of criminal statutes. In New Jersey, each circuit court jurisdiction is liable for enforcement of child abuse statutes throughout the State of New Jersey. These agencies arrest and charge individuals with violations of criminal law under significant New Jersey criminal statutes. Local criminal defense lawyers in New Jersey appear in all local criminal courts. Some courts are explicitly chosen for prosecution of child abuse and child neglect cases.

Child Abuse Defined

Child abuse is the willful or negligent infliction of harm by depriving a child of essential food clothing and shelter or medical treatment. In New Jersey the infliction of physical harm, a battery or assault is punishable under New Jersey criminal law under the relevant battery and assault criminal statutory scheme. The use of a weapon heightens all child abuse charges. The heightening includes use of a weapon (other THAN a firearm), a firearm (which increases the punishment beyond that of use of a weapon), or such careless disregard for the safety of the child which escalates to criminal negligence. Federal criminal law and federal criminal defense attorneys do not commonly take on child abuse cases. For that reason New Jersey federal criminal courts are infrequently involved in New Jersey for the enforcement of child abuse and child neglect crimes.

Child Abuse Relating to Drug Crimes

Possession of cocaine, possession of oxycodone, trafficking in cocaine: all these criminal possession and drug possession statutes are heightened if committed in the presence of a child. Child abuse includes exposing a child to cocaine or using cocaine in the company of a child. Driving under the influence with a child in a vehicle is prosecuted in New Jersey in criminal courts through out New Jersey as aggravated child abuse. New Jersey federal criminal courts do not have comparable New Jersey federal criminal statutes. Domestic violence committed in the company of a child is also prosecuted in New Jersey criminal courts as child abuse. It can be termed as aggravated child abuse if the child witnesses perilous violence or suffers severe or even moderate psychological abuse.

If you or someone you know is facing child abuse charges do not hesitate contact a lawyer on starlaw.us.


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