Legal Question in Criminal Law in New York

endangering the welfare of a child

My 17 yo son was charged with endangering because he was at a family picnic and an 11 yo girl laid next to him on a trampoline with about 5 other young relatives also on it and she tried lying on his chest so he helped pull her up a little and his hands ended up resting on her buttocks. There was no other contact at all. A few days later he texted her to ask if she had been uncomfortable with ''his hands on her'', she said no. Prior to that at the same party, she sat in his chair and leaned up against him and he got up and moved. She previously had been sending him texts telling him that she missed him and wanted to know when he was coming back up to the area to visit (he lives out of town) He told her that she shouldn't be texting him as he was 17 and she only 11. We dont have those texts saved unfortunately except for the one her Mother found where he asked her if she was uncomfortable. The only reason he asked that was because he was going to apologize as he knew it was wrong but he didn't mean anything by it. He has no prior record and meant nothing sexual by it at all. Should he plead guilty considering they have the text that he sent her or get a lawyer and try to get it lowered?


Asked on 7/06/08, 2:46 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: endangering the welfare of a child

He absolutely should not plead guilty cavalierly. Speak to a lawyer and hire the best one you can find. If he just pleads guilty it will follow him around for a long long time.

I assume based on the discussion that he is charged with a misdemeanor and he is a mandatory youthful offender. If so, he has nothing to lose and everything to gain by going to trial if necessary to clear his name.

One more thing, some text messages can be retrieved. Your lawyer can subpeona them.

Move on this quickly.

Good luck.

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Answered on 7/06/08, 9:04 pm


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