NYC Aggravated Assault Upon A Person Less Than Eleven Lawyers
The injury of a child is considered to be one of the worst crimes that a person can commit. Because of this, the state of New York has enacted multiple laws that offer extra protections to children and punish the people who cause them harm. One of these laws is the charge of aggravated assault upon a person less than eleven. Many assault offenses are outlined in New York’s penal code, but this particular offense was created for the punishment of people who recklessly or intentionally harm a young child.
This particular assault charge is always a felony. If you’re convicted, you could spend a multitude of time in prison in addition to paying fines, restitution, and overall court fees. Criminal records that reflect felony convictions also impact your future, especially regarding potential employment. Future employers will find your conviction when they run a criminal background check on you.
If you’ve been charged with this crime, you should get in contact with a defense attorney as soon as possible. Spodek Law Group has experienced lawyers who understand the criminal justice system and can help you go over your options.
Definition of the Crime
This crime has been committed if the following criteria are met:
- Your age is at least 18
- You commit an assault against a person who is not yet 11 years old
- You have a previous conviction of an assault against a child under the age of 11, and the conviction occurred at some point within the previous three years
Aggravated assault in this format is considered a class E felony, which means it comes with a maximum penalty of four years in prison. If you’re charged with this, you might face other criminal charges relating to the circumstances of the assault. These might be both misdemeanors and felonies that carry their own sentencing requirements.
The exact terms of your sentence will vary depending on the factors in the circumstances:
- Do you have prior convictions? These include any felony convictions that have occurred within the last decade
- Do you have any non-violent felony convictions within the past decade?
- Do you have any violent felony convictions within the past decade?
- Do you have at least two previous convictions of felonies?
Prison sentences are not required in cases where the defendant doesn’t have any previous convictions. In these cases, the judge might hand down a sentence of probation. If you have prior nonviolent or violent felony offenses, the court is required to sentence you to between 1 1/2 and 3 years in prison.
Persistent felony offenders have completely different sentencing rules. The penalties are much harsher. The minimum sentence for a persistent felony offender is between 12 and 25 years in prison. The maximum potential sentence is life imprisoned.
If the judge decides to sentence you to probation rather than prison, you will need to report to your probation officer for five years. There are rules you must abide by. Probation terms vary depending on the offender and the circumstances, but they’re usually tailored to keep the offense from re-occurring. The following are some criteria that might be involved:
- You cannot commit a crime
- You must obtain permission to leave New York
- You must consent to searches even when the police lack a warrant
- You must avoid association with people who have criminal records
- You must not visit disreputable or unlawful places