Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. What is your specific question this evening regarding your boyfriend's charge?
You can ignore the phone call request - those come from the website automatically, not me --sorry. I wanted to look up the statute and penalties -please just give me a few minutes to type out a response.
Child neglect in the second degree is a Class A misdemeanor - the maximum penalty would be a fine up to $6,250 and/or up to a year in jail. Jail time is not typically ordered for a first offense - a typical sentence may include probation, community service, and in something like this, having to take parenting classes and/or other types of counseling. Now, that said, a lot is going to depend about the facts and circumstances. Forgetting the child in the car for 10 minutes while in the store because he was overtired is a lot different from, say, a parent who leaves a child alone for hours while they go out to party and the child is injured.
With respect to the no-contact order, it can last up to 1 year, unless modified or amended or terminated by the court, and a judge can extend the order for up to another year if they feel it is in the best interest of the child for their safety and welfare. I'm not the judge, and I don't know all of the facts and circumstances or have the evidence so it's not fair to me to say what would happen; again, I think it depends on the facts and circumstances. It's entirely possible -in my professional opinion - for a judge to keep the order in place, or to modify it to say, allow only supervised visitation, until your boyfriend is cleared by a counselor or completes a parenting class, for example.Has he not had any hearing in this case yet? He would be well served by requesting a public defender to represent him, which is typically done at the first court appearance. He may also want to have a consultation with a local private criminal defense lawyer in your area (many offer free or low cost consultations) to discuss what happened, how judges typically sentence people in these types of cases, any possible defenses, etc.
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