25 Sep 23

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

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Last Updated on: 26th September 2023, 05:15 pm

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.