New York Endangering the Welfare of an Incompetent Person or Physically Disabled Person charges are taken very seriously by state prosecutors. These charges are brought in cases where an individual engages in conduct that is injurious to mental or moral welfare of a physically disabled person or an individual who is unable to care for himself or herself because of a “mental disease or defect.”
New York has two different charges relating to Endangering the Welfare of an Incompetent Person or Physically Disabled Person. Specifically, they are:
- Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree (NY Penal Law Section 260.25)
- Endangering the Welfare of an Incompetent or Physically Disabled Person in the Second Degree (NY Penal Law Section 260.24).
These charges are explained in greater detail below.
Endangering the Welfare of an Incompetent Person or Physically Disabled Person in the Second Degree
The charge of Endangering the Welfare of an Incompetent or Physically Disabled Person in the Second Degree is codified in New York Penal Law Section 260.24. Under Penal Law Section 260.24, a person is guilty of Endangering the Welfare of an Incompetent or Physically Disabled Person in the Second Degree when:
- S/he recklessly engages in conduct
- Which is likely to be injurious to the physical, mental or moral welfare of a person
- Who is unable to care for himself or herself because of physical disability, mental disease or defect.
Who is Considered to Be an Incompetent or Physically Disabled Person?
The definition of this term comes from New York Penal Law Section 260.31(4). This term means “an individual who is unable to care for himself or herself because of physical disability, mental disease or defect.
Sentencing and Penalties for Endangering the Welfare of an Incompetent Person or Physically Disabled Person in the Second Degree
Under New York Law, Endangering the Welfare of an Incompetent or Physically Disabled Person in the Second Degree is a Class “A” Misdemeanor. As such, this particular charge is punishable by:
- Up to 1 year in prison,
- Probation,
- Conditional Discharge (with conditions set by the sentencing court),
- Unconditional Discharge (no conditions set by the sentencing court),
- Time served (even if it is minimal).
Endangering the Welfare of an Incompetent Person or Physically Disabled Person in the First Degree
Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree is codified in New York Penal Law Section 260.25. Under Penal Law Section 260.25, a person is guilty of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree when:
- S/he knowingly
- Acts in a manner likely to be injurious to the physical, mental or moral welfare of a person
- Who is unable to care for himself or herself because of physical disability, mental disease or defect.
Sentencing and Penalties for Endangering the Welfare of an Incompetent Person or Physically Disabled Person in the Second Degree
New York Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree is a Class “E” Non-Violent Felony. As such, this charge is punishable by:
- Indeterminate sentence up to 1 1/3 to 4 years in prison,
- Determinate sentence up to 1 year in jail,
- A split sentence (up to 6 months jail, rest of the time on probation),
- Probation,
- Conditional Discharge (with the conditions of sentencing being set by the Court).
Which Charges Relate to Endangering the Welfare of an Incompetent or Physically Disabled Person?
New York Endangering the Welfare of an Incompetent or Physically Disabled Person charges are frequently brought in conjunction with the following charges:
- Endangering the Welfare of a Child – whenever the complainant is under the age of 17, this charge is applicable.
- Assault – if the conduct involves intentional or reckless physical injury, assault charges can be brought,
- Reckless Endangerment – whenever conduct also poses a substantial and unjustifiable risk of harm, these charges can also be brought.
Contact Top Rated New York Criminal Defense Attorneys
If you or your loved one are charged with Endangering the Welfare of an Incompetent or Physically Disabled Person, you need top rated criminal defense counsel. Read our testimonials to see what our clients say about our services. Please call us at 212-729-9494 or contact us to schedule your consultation today.