Criminal Defense Lawyers

NY Penal Law § 12012 Aggravated assault upon a person less than eleven years old

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

Because injuring a child is considered one of the most serious crimes a person can commit, New York has numerous laws established for the protection of children and to punish those who harm them. One of these statutes is aggravated assault upon a person less than eleven under New York Penal Code § 120.12. You will can be charged and convicted of the crime of aggravated assault upon a person less than eleven years old if:

• You are at least 18 years of age
• You assault a child who is younger than 11 years old
• The child sustains a physical injury as a result of the assault
• You have already been convicted of assaulting a child who is less than 11 years old within the 3 years prior to this offense

This crime is a class E felony offense.

For Example

A 21 year old man’s nephew accidentally damages the man’s video game system. The nephew is a 10 year old child. In a rage, the man slaps his nephew across the face, causing the child to suffer a black eye. If, within the prior 3 years, the uncle had been previously convicted of assaulting a child, he could now be facing prosecution for aggravated assault upon a person less than eleven years old.

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

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Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Offenses that are Related

Reckless assault of a child: New York Penal Code § 120.02

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

Luring a child: New York Penal Code § 120.70

Possible Defenses

In order to support a charge of aggravated assault upon a person less than eleven, the child victim must have sustained a physical injury. In other words, the child victim must suffer some sort of impairment of physical condition or have experienced substantial pain as a result of the incident. Therefore, if there is no physical injury as defined by the statute, the prosecutor will have a difficult time securing a conviction against you under New York Penal Code § 120.12.

Self-defense is a possible alternative defense. Under New York law, self-defense is defined as “justification.” If you had a reasonable fear that the child in question had the intention and was attempting to cause your physical harm, you may have ended up injuring the child in an effort to protect yourself.  If this is your justification, then the prosecutor may not have a case against you for the charge of aggravated assault upon a person less than eleven years old.

The Sentence

Due to the fact that 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 might also be ordered to pay a fine of as much as $5,000 and pay restitution to the victim. Additionally, the judge may also issue an order of protection that would prevent you from contacting the victim in the future.