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New York Penal Code 120.01: Reckless assault of a child by a child day care provider

By Spodek Law Group | May 1, 2017
(Last Updated On: July 26, 2023)

Last Updated on: 26th July 2023, 10:54 pm

When a daycare provider assaults a child, the charge they expect to face is the reckless assault of a child by the day care provider. Under the New York Penal Code, you could face prosecution if you are a daycare provider and you cause physical harm to an 11-year-old child and under in a reckless manner. A day care provider, according to the court system, is defined as any individual, corporation, association, institution, partnership, or agency that provides day care services to children. A child day care can also be defined as regular care provided to the child at a place out of the primary residence of the child for less than 24 hours a day.

A woman has ta day care facility. She has the full operation control of the child day care facility. For some weeks now, she has been complaining about the behavior of a particular 4-year-old boy in this day care program. She has also been complaining to the boy’s parents about his behavior in school. She also recommended strong discipline for the boy at home. One day, the boy went overboard and refused to be corrected. The woman went out of emotional control and landed a slap on the boy. The boy fell from his chair banging at the corner of the table. Because the boy was gashing out blood, he required medical stitches as treatment. The woman would be facing charges of reckless assault on the boy child by the day care provider because she caused the 4-year-old boy who was under 11 to succumb to a physical injury.

Related offenses
1. Reckless assault of a child: New York penal code 120:02
2. Luring a child: New York Penal Code 120:70
3. Aggravated assault upon an 11-year-old child and less: New York Penal Code 120:12

For you to prove that the day care committed reckless assault to your child, the child must suffer a grievous physical injury. If it is not a serious injury, then the prosecutor will fail to sustain that case. It is pivotal to accompany your claim with medical records showing the extent of the injury and the harm it causes a child.

In most cases, the severity of a child’s injury is not seen until hours and days pass. It will become apparent that the impact was serious if the symptoms persist. For this reason, medical records will be unclear on who caused the injury. A parent can also point the finger at the daycare provider even when they are not responsible.
Reckless child assault by a day care provider belongs to class E of felonies. You are likely to face a 4-year prison term as the maximum possible sentence. Factors such as previous criminal record will also affect the length of such a sentence if any.

New York Penal Code 120.01: Reckless child assault by a child day care provider
A person is guilty of a reckless child assault when, being an employee or a child day care provider, he or she causes physical injury to a child recklessly. The child must be an 11-year-old and below.

The NYC Criminal Attorneys
Being arrested for a reckless child assault by a daycare provider is one of the most grievous charges. If you get convicted, you can’t provide your day care services. However, there may be defenses to a reckless child assault by a daycare provider only understood by an experienced legal practitioner. The staff at the nyc criminal attorneys offices has the necessary experience defending clients in the New York criminal courts charged with felonies and misdemeanors.

New York Penal Code 120.02: Reckless assault of a Child

Crimes against children as the victims are one of the most grievous crimes you can commit. The injuries suffered by children are often worse than if the victim was an adult. Permanent damage can result from such injuries. For the rest of the child’s life, he or she may remain permanently disabled. The reckless assault against the children is often can also result in permanent brain damage. Under the New York penal code Law, you face a high risk of prosecution if you assault an 18-year-old child and below. You can also be jailed if you shake, throw, or slam a five-year-old child or less. For you to face these charges, the child’s brain must be damage.

They include:
• Intracranial hemorrhaging
• Subdural hemorrhaging
• External rotational cranial deceleration and acceleration
• Retinal hemorrhaging
• Other serious brain injury that affect the child severely. They can also cause the child to suffer a protracted physical impairment or die.

The shaken baby syndrome is the common type of injury a child can suffer. They are also linked to child abuse. However, a child does not have to be shaken to sustain such injuries. The child can be slammed or thrown.

A man accidentally shook her 11-month-old girlfriend’s daughter because she was continually crying without stopping. The child was found clenching her fists in pain, unresponsive, unable to hold her head up, bruised, and eyes rolled back in the head. According to the doctor’s conclusion, she suffered a traumatic injury to the brain. The man could also be prosecuted reckless child assault because she shook the child and suffered some injuries according to the New York Penal Code 120:02.

Related offenses
1. Luring Child: New York Penal Code 120:70
2. Aggravated Assault Upon an 11-year-old child and less: New York Penal Code 120:12
3. Reckless child assault by day care provider: New York Penal Code 120:01

For the prosecutor to prove that you committed this assault against the child, the child must be diagnosed with a serious type of physical injury. If the injury is not specified in the statute or less severe, then the prosecutor will not prove a case against him. Medical evidence is what the prosecutor heavily relies upon. To show that it does not meet the New York statutory requirements, you will argue your case using the medical evidence.

Reckless child assault is a Class D felony. A seven-year prison term is a maximum sentence you can face. Because this crime is classified as a felony, the judge will impose a two-year minimum prison sentence. Your prior criminal record will also affect the actual length of your sentence.

New York Penal Code 120.02: Reckless assault of a child
1. A person is confirmed guilty if they assault an 18-year-old and below child recklessly. Such a person must cause serious pain and injury to the child. If it is a five-year-old child and less, throwing or slamming the child can cause damage to his brain.
2. If your actions on the child result in serious cranial deceleration and acceleration, you will face the sentence. Serious child physical injury can result in retinal hemorrhaging, intracranial hemorrhaging, and subdural hemorrhaging.

nyc criminal attorneys Law Firm
It is a serious offense to be arrested for reckless child assault. If you get convicted, your life will never remain the same. However, there are defenses against a reckless child assault charge by an experienced NYC attorney. The staff at NYC Criminal Attorneys Law Firm has many years of experience in defending clients in the New York criminal courts charged with reckless child assaults, child endangerment, stalking, rape, reckless endangerment, menacing, and other crimes.

When a daycare provider assaults a child, they can be charged with reckless assault of a child by the daycare provider, which falls under class E of felonies in New York. The maximum sentence for this crime is a 4-year prison term. Factors such as previous criminal records may also impact the length of the sentence. To prove this charge, the child must have suffered a significant physical injury, and medical records will be required to support the claim.

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