Reckless Assault of a Child is a New York law that criminalizes the shaking, slamming or throwing of a child under five resulting in serious brain injury. Reckless Assault of a Child is a Class D felony.
The Elements of Reckless Assault of a ChildEvery crime is made up of certain elements, and it is the prosecution's burden to prove each element beyond a reasonable doubt. The elements of Reckless Assault of a Child are:
In this context, a serious brain injury refers to any injury to the brain raising a substantial risk of death or long-term impairment. Serious brain injury can also refer to extreme rotational cranial acceleration and deceleration, plus either retinal hemorrhaging, intracranial hemorrhaging, or subdural hemorrhaging.
Examples of Reckless Assault of a ChildAlthough the statutory text doesn't reference it by name, the law is intended to punish those others who cause a child to experience "shaken baby syndrome." Under the language of § 120.02, as long as the defendant is an adult, it doesn't matter if they are the child's parent, caregiver, sibling, friend-of-the-family or a daycare worker.
Related Offenses to NY Penal Law § 120.02Depending on the specific facts at issue, prosecutors may bring Reckless Assault of a Child charges along with other similar offenses, which include:
There are several defenses to the Reckless Assault of a Child. Depending on the facts of the case, a successful defense may reduce your sentencing exposure, result in the prosecution withdrawing the case against you or result in the jury returning a "not guilty" verdict. The most common defenses include the following:
Reckless Assault of a Child is a Class D felony, which carries a maximum term of incarceration of up to seven years as well as a fine of as much as $5,000.
Have You Been Charged with Causing Shaken Baby Syndrome?If you were recently arrested for Reckless Assault of a Child, it's important you work with a criminal defense attorney familiar with these complex cases. Due to the very specific injuries required to prove shaken baby syndrome, the prosecution must rely heavily on the testimony of one or more expert medical witnesses. To prepare the best defense, you may need to do the same. At Tilem & Associates, P.C., we have extensive experience working with well-known and respected experts that often make the difference in our clients' cases. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.