24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

new york penal law 260 06 non support of a child in the first de

March 21, 2024 Uncategorized

NY Penal Law 260.06 – Non-Support of a Child Charges

Hey friend. If you or someone you care about is charged with non-support of a child in the first degree under NY Penal Law 260.06, I understand you’re scared and overwhelmed. Take a deep breath – this article will explain the charge, penalties, and possible defenses so you can make informed decisions. I’m here to educate and support you.

What is Non-Support of a Child in New York?

This charge applies when a parent or guardian fails to financially support their child who is under 16 years old, without lawful excuse[1][2]. To convict, prosecutors must prove:

  • You’re legally obligated to provide child support
  • You failed to provide reasonable support
  • Your failure was intentional, not accidental

Mere failure isn’t enough – the state must show willful non-support of the child’s basic needs.

What Are the Charges and Penalties Under Penal Law 260.06?

Non-support of a child in the first degree is a Class E felony in NY[3]. Potential penalties if convicted include:

  • 1 to 4 years in state prison
  • Fines up to $5,000
  • Probation up to 5 years
  • Permanent criminal record

Previous conviction for this crime within 5 years bumps it up to this felony charge. It’s very serious.

Are There Defenses to This Charge in New York?

Yes, an experienced criminal defense lawyer can often get these charges reduced or dismissed. Some potential defenses include[4]:

  • You did not intentionally fail to provide support
  • There are lawful reasons for nonpayment
  • The amount of support ordered is unreasonable
  • You made good faith efforts to provide support
  • You were unable to provide support due to job loss etc.

A skilled NY defense attorney will thoroughly investigate the allegations and build the strongest defense.

Can Parents Be Charged With Non-Support in New York?

Yes, parents are most commonly charged under NY Penal Law 260.06 if they intentionally fail to provide court-ordered child support. This may result from divorce, separation, paternity cases, or other family court orders mandating financial support.

What If I Can’t Afford the Child Support Ordered in New York?

Inability to pay is a defense, but you must show you made diligent, good faith efforts to provide support. If the amount ordered is truly unrealistic for your income, your attorney can request the family court modify the child support order.

How Can I Avoid Criminal Charges for Non-Support of a Child?

Communicate openly with the family court and child support agency. Provide documentation of your income and expenses. Request modifications if needed. Make regular partial payments, even if small. Most importantly, comply fully with all court orders.

Key Takeaways

Let’s recap some key points about child non-support charges under Penal Law 260.06:

  • It’s a Class E felony with up to 4 years in prison.
  • Lawyers can often build strong defenses to beat the charges.
  • Inability to pay is a defense if good faith efforts are shown.
  • Parents must comply fully with court-ordered support.
  • Request modifications if ordered amount is unrealistic.

I hope this overview helps you understand these serious allegations. Experienced criminal defense attorneys can protect your rights. Don’t go through it alone.

 

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now