Suffolk County Aggravated Assault Upon a Person Less Than Eleven

N.Y. Pen. Law § 120.12

While any type of an assault is a terrible crime, assaulting a child is a particularly appalling act. For this reason, there are assault crimes that specifically address assault where a child is the victim. One such law is aggravated assault upon a person less than eleven. It is designed punish those who either intentionally or recklessly injure a child who has not yet attained the age of 11. Because this crime is considered so serious, it is classified as a felony. This means that if you are convicted of aggravated assault upon a person less than eleven, your sentence could include multiple years in prison as well as fines, fees and restitution. In addition, if you are convicted you will have a criminal record that includes a felony conviction. Such a record will make several aspects of your life more challenging including securing employment. Thus, if you have been charged with aggravated assault upon a person less than eleven it is critical that you immediately contact an experienced Suffolk County Aggravated Assault Upon a Person Less Than Eleven Lawyer who will aggressively defend you against the charges from the beginning of your case until it has been resolved.

What is the Crime of Aggravated Assault Upon a Person Less Than Eleven?

The crime of aggravated assault upon a person who is less than eleven is self-explanatory. If you assault a child who is less than 11 and you are 18 years old or older and you have been convicted of assaulting such a child within the prior 3 years, you will face this charge. It is a Class E felony. N.Y. Pen. Law § 120.12

What happens if I am arrested for assaulting a child?

If you are arrested and charged with aggravated assault upon a person less than eleven, the first step is that you will be taken to the local police precinct where initial processing will take place. After initial processing you will be taken to Central Booking where you will remain until your case is called for arraignment.

Arraignment is the first time that you will appear before a judge. At that time you will be formally charged. The prosecutor may have decided to charge you with just aggravated assault upon a person less than eleven. However, it is also possible that you will face additional charges. Based on several factors include the criminal charges, your criminal history and your personal background, the prosecutor will make a recommendation regarding bail. The judge's options are to release you on your own recognizance, meaning that no bail is required, setting a bail amount, or ordering that you be held without bail. If the only charge you face is aggravated assault upon a person less than eleven, it is unlikely that the judge order that you be held without bail.

After you are arraigned, several things could happen. The prosecutor may offer you a "deal." A deal means that you agree to plead guilty to either aggravated assault upon a person less than eleven or another lesser severe criminal charge in exchange for a reduced sentence. If you do not agree on a plea deal with the prosecutor, then your case will be decided by a judge or jury.

What are the consequences of being convicted?

There are multiple possible consequences of being convicted of aggravated assault upon a person less than eleven. Because it is a Class E felony if you are convicted there is a strong possibility that you will be sentenced to prison. Furthermore, there is a good chance that your sentence will also include probation, fines and restitution.

Prison. If you are sentenced to prison, the maximum amount of time is 4 years. N.Y. Pen. Law § 70.02. There are several factors that the judge will consider in determining the amount of prison time that you will be required to serve. If you have not been convicted of a crime within the prior 10 years, then the judge will not be required to sentence you to prison. Instead, the judge may conclude that the appropriate sentence is probation. However, if you do have a prior felony conviction then the judge will be required to sentence you to at least 1 1/2 to 3 years in prison. If you are a persistent felony offender, then the sentencing rules are completely different and are much harsher. Instead of the maximum prison sentence being 4 years, the sentence structure is a minimum of 12-25 years in prison and the maximum sentence is life in prison. N.Y. Pen. Law § 70.08.

Probation. Whether or not you are sentenced to prison your sentence might include probation. Because aggravated assault upon a person less than eleven is a felony, the mandatory probation term is 5 years. As a type of community supervision probation comes with a number of rules and restriction that you will be required to follow or risk being sent to prison. N.Y. Pen. Law § 65.10. The rules are that you must:

  • Avoid injurious or vicious habits
  • Refrain from frequenting unlawful or disreputable places
  • Refrain from consorting with disreputable persons
  • Have a job or be enrolled in school
  • Undergoing available medical or psychiatric treatment and remaining in a specified institution, when required for that purpose
  • Complete an alcohol or substance abuse program, if ordered by the court
  • Support your family
  • Pay restitution
  • Perform community service
  • Post bond or other security for the performance of any or all conditions imposed;
  • Install an ignition interlock device on any vehicle that you use
  • Refrain from consuming alcohol
  • Regularly report to your Probation Officer
  • Obtain permission before traveling or moving outside of New York
  • Notify your Probation Officer if you move or change employment
  • Submit to electronic monitoring

N.Y. Pen. Law § 65.10.

If you violate any of the terms of your probation, your Probation Officer may file a Violation of Probation with the court. You will then be required to appear before the judge who originally sentenced you to probation. That judge will listen to evidence and determine if you did indeed violate the terms of your probation. If the violation is minor such as failing to report to your Probation Officer of report a new address, then the judge may choose not to violate you. On the other hand if the violation is significant such as you committing another crime, the judge could revoke your probation and resentence you to jail.

Post-Release Supervision. If convicted of aggravated assault upon a person less than eleven part of your sentence will likely include a term of post-release supervision of 1 year. Like probation post-release supervision is a type of community supervision that comes with several conditions that you must follow. If you violate any of the terms of your post-release supervision, you will receive a revocation hearing before a judge. Based on the evidence presented, the judge may allow you to continue with the post-release supervision with the terms undisturbed, require you to go back to jail for a period and then return to post-release supervision status, or require you to return to prison to complete your original sentence plus additional time for violating your post-release supervision.

Fines and Restitution. Your sentence will also include a financial component. The judge may impose a fine of up to $5,000. You may also be ordered to pay restitution. Restitution is compensation paid to the victim to cover the losses the victim suffered as a result of your crime. For example, if the child victim that you assault suffered injuries that required medical attention, the amount of your restitution may be the total amount of the victim's medical bills. The maximum amount of restitution for a felony is generally $15,000. However, if the victim's medical expenses exceed $15,000 the judge may order you to pay a higher amount.

To enforce restitution orders, payment of restitution is a condition of probation. This means that if you fail to keep up with your restitution payments, your Probation Officer may violate you, resulting in you going to prison.

Fees. If you are convicted of a crime in New York, you will be required to pay certain fees. For a felony conviction you will have to pay a mandatory surcharge of $300 as well as a victim assistance fee of $25. N.Y. Pen. Law § 60.35. If you are placed on probation or post-release supervision there are additional fees that you must pay.

Order of Protection. As part of the criminal process, the prosecutor may request and the judge will likely grant a Temporary Order of Protection against you in favor of the victim. An Order of Protection is designed to ensure that the victim and the victim's family is safe from further assaults from you while the criminal case is pending. The Order of Protection will state what you must do or must not do. For example, it may state that you cannot go near the residence or school of the child victim. This means that if you live with the child, you will have to move. Depending on the outcome of the assault charges against you the Temporary Order of Protection may be dismissed or it may be replaced by a Permanent Order of Protection which will remain in effect for several years.

It is important that you abide by an Order of Protection even if you do not feel if it is justified. Failure to following an Order of Protection is a crime. You could face a charge of criminal contempt.

Long-Term Consequences. Regardless of what your sentence is, if you are convicted of aggravated assault upon a person less than eleven you will have to live with having a criminal record which will negatively impact several aspects of your life. With a simple background check a potential employer will quickly learn that you were convicted of assaulting a child. As a result, you may lose many opportunities. In fact, a criminal record is likely to prevent you from pursuing a career in the military, childcare, education, security, nursing, and home healthcare. In addition, there are schools that will deny you admission if you have a criminal record.

The consequences of a conviction of aggravated assault upon a person less than eleven are quite serious. You may end up spending multiple years in prison away from your family and friends. Once you return you will have to face the challenges of life with a criminal record. However, there are defenses to a charge of aggravated assault upon a person less than eleven that may result in the charge being dropped, reduced or you being acquitted. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with assault as well as other crimes such as menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of assault in the following locations:

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