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.
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.
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