NY Penal Law § 120.12: Aggravated assault upon a person less than eleven years old

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 under New York Penal Code § 120.12. You will have committed the crime of aggravated assault upon a person less than eleven years old if:

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

It is a class E felony.

A 21 year old man's 10 year old nephew accidentally breaks the man's video game system. In a rage the man slaps the nephew in the face, causing him to suffer a black eye. If within the prior 3 years this man had been previously convicted of assaulting a child this man could now be prosecuted for aggravated assault upon a person less than eleven years old.

1. Reckless assault of a child by a child day care provider: New York Penal Code § 120.01
2. Reckless assault of a child: New York Penal Code § 120.02
3. Luring a child: New York Penal Code § 120.70

In order to sustain a charge of aggravated assault upon a person less than eleven, the victim must have sustained a physical injury. This means that the child must suffer some sort of impairment of physical condition or suffer substantial pain. Thus, if there is no physical injury as defined by the statute the prosecutor will have a difficult securing a conviction under New York Penal Code § 120.12.

Self-defense is another possible defense. Under New York law self-defense is referred to as "justification." If you had a reasonable fear that that child was going to cause your physical harm, and to prevent that you ended up injuring the child, the prosecutor may not have a case against you for aggravated assault upon a person less than eleven years old.

Because aggravated assault upon a person less than eleven years old is a class E felony if convicted the judge could sentence you to up to 4 years in prison. You may also be ordered to pay a fine of up to $5,000 and pay restitution to the victim. The judge may also issue an order of protection that would prevent you from contacting the victim.

A person is guilty of aggravated assault upon a person less than eleven years old when being eighteen years old or more the defendant commits the crime of assault in the third degree as defined in § 120.00 of this article upon a person less than eleven years old and has been previously convicted of such crime upon a person less than eleven years old within the preceding three years.

The consequences of a conviction of aggravated assault upon a person less than eleven years old 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 larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.