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.
• 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.
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.