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New York Aggravated Assault Upon A Person Less Than Eleven

Because injuring a child is considered one of the worst crimes a person can commit, New York has several laws meant to protect children and punish those who harm them. One such law is aggravated assault upon a person less than eleven. While there are many assault offenses this particular offense is designed to punish those who either intentionally or recklessly injure a young child. Aggravated assault upon a person less than eleven is a felony. This means that if you are convicted you could end up spending multiple years in prison and you will have to pay a fine, fees and restitution. Furthermore, having a criminal record with a felony conviction will negatively impact your future. If you are in need of a criminal lawyer because you have been charged with aggravated assault upon a person less than eleven it is important that you immediately contact an experienced New York assault lawyer who will review the facts of your case and who will work closely with you to vigorously fight the charges against you.

The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with assault and other serious crimes such as domestic violence, DWI, grand larceny, and sex crimes. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.

Definition of aggravated assault upon a person less than eleven

You will have committed the crime of aggravated assault upon a person less than eleven if:

  • You are at least 18 years old
  • You assault someone who is less than 11 years old
  • You have been convicted of assaulting a child who is less than 11 years old within the last 3 years

Aggravated assault upon a person less than eleven is a class E felony. N.Y. Pen. Law § 120.12

Consequences of a conviction

Because aggravated assault upon a person less than eleven is a class E felony if convicted you will likely go to prison. In addition, there will be financial consequences. You will be ordered to pay fees, a fine, and restitution.


The maximum possible sentence is up to 4 years in prison. N.Y. Pen. Law § 70.02. However, your exact sentence will depend on other factors such as your prior criminal history.

  • Prior convictions: Prior convictions include felony convictions within the last 10 years.
  • Non-violent predicate: A non-violent felony conviction within the last 10 years.
  • Violent predicate: A violent felony conviction within the last 10 years.
  • Persistent felony offender: At least 2 prior felony convictions.

If you have no prior convictions the judge will not be required to sentence you to prison. The judge may sentence you to probation. If your status is that of a non violent or violent predicate offender, then the court will sentence you to at least 1 1/2 to 3 years. If you are a persistent felony offender, then the sentencing rules are completely different and are much harsher. The minimum sentence you will receive is 12-25 years in prison and the maximum sentence is life in prison. N.Y. Pen. Law § 70.08.


If you are sentenced to probation, it will be for 5 years. There will be several rules that you must follow while you are on probation. N.Y. Pen. Law § 65.10. The terms of your probation will be specifically designed to minimize the likelihood that you will re-offend. They will include some or all of the following rules:

  • You must not commit a crime
  • You cannot leave the State of New York without permission
  • You must consent to warrantless searches
  • You must not associate with people who you know have criminal records
  • You must not patronize unlawful or disreputable places
  • You must not possess a firearm
  • You must not possess a controlled substance or drug paraphernalia
  • You must refrain from consuming alcohol
  • You must undergo psychiatric treatment
  • You must complete an alcohol or substance abuse program
  • You must stick to a curfew
  • You must have job or attend school
  • You must submit to electronic monitoring
  • You must perform community service
  • You must notify your probation officer of a new address
  • You must regularly report to your probation officer

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, with post-release supervision there will be several rules 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, fees and restitution

Your sentence may also include the payment of a fine of up to $5,000. 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. You may also be required to pay probation or post-release supervision fees of $30 per week.

As part of your sentence you may be ordered to pay restitution. The amount of restitution will be based on the victim's out-of-pocket expenses that resulted from the assault. For example, if the victim has medical expenses of $10,000, the judge may order you to pay $10,000 in restitution.

If you do not pay a fine, fee or restitution, you may be charged with a misdemeanors and sent to prison for up to a year, your wages may be garnished or the state of New York may obtain a judgment against you. The court may reduce the amount of the fees, fines and restitution you are required to pay, or change the payment terms based on your financial condition.

Orders of protection

As part of the criminal process, the prosecutor may request a temporary order of protection against you in favor of the victim. An order of protection is designed to ensure that the victim is safe from further assaults from you while the criminal case is pending. The order of protection while 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.

If you violate an order of protection, you could face additional criminal charges that could result in you going to prison. However, if you do not believe that an order of protection is warranted, then there are ways to fight such an order to get it dismissed.

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 or a college admissions officer will quickly learn that you were convicted of assaulting a child. As a result, you may lose many opportunities. If you are a child care provider, you may lose your license to operate a child care business. You will not be allowed to hold a job as a teacher. In addition, you may lose custody of your children. If you are not a U.S. citizen, you may be deported under federal rules.

Contact the Law Offices of Stephen Bilkis & Associates

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 the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of assault in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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