New York Penal Law § 120.12 – Aggravated Assault Upon a Person Less Than Eleven Years Old

Aggravated Assault upon a Person Less Than Eleven Years Old is a New York crime providing enhanced punishments for adults who commit an assault against a person under 11 years old and have a prior conviction for assaulting a minor within ten years. Aggravated Assault of a Minor is a Class E felony.

Before a judge or jury can convict anyone of Aggravated Assault of a Minor, the government must present evidence to prove every element of the crime beyond a reasonable doubt. The elements of Aggravated Assault upon a Person Less Than Eleven Years Old are:

• The defendant committed an Assault in the Third Degree;
• The defendant was at least 18 years old;
• The alleged victim was younger than 11; and
• The defendant has a prior conviction for assaulting a minor within the past ten years.

Proving Assault in the Third Degree requires the prosecution to establish that a defendant caused the minor to suffer physical injury by acting intentionally, recklessly, or with criminal negligence. Note that prosecutors do not need to prove that the prior conviction involved the same alleged victim as the current case.

Given the required elements of Aggravated Assault upon a Person Less Than Eleven Years Old, most of these cases arise in the domestic violence context. Thus, two common examples of Aggravated Assault of a Minor include the following:

• A step-father with a prior conviction for child abuse punches his step-son; and
• A mother with a prior conviction for assault of a minor pushes her daughter during an argument, inadvertently causing her head to strike a wall.

Often, prosecutors bring Aggravated Assault upon a Person Less Than Eleven Years Old charges along with one or more of the following:

• Reckless Assault of a Child – N.Y. Penal Law § 120.02
• Reckless Assault of a Child by a Child Day Care Provider – N.Y. Penal Law § 120.01
• Assault in the First Degree – N.Y. Penal Law § 120.10
• Assault in the Second Degree – N.Y. Penal Law § 120.15
• Assault in the Third Degree – N.Y. Penal Law § 120.00
• Reckless Endangerment in the First Degree – N.Y. Penal Law § 120.25
• Reckless Endangerment in the Second Degree – N.Y. Penal Law § 120.20

There are several defenses to Aggravated Assault upon a Person Less Than Eleven Years Old that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses include the following:

• You did not act intentionally, recklessly, or with criminal negligence;
• You were acting in self-defense;
• You were acting in defense of another person; and
• The minor did not experience physical injury.

Aggravated Assault upon a Person Less Than Eleven Years Old is a Class E felony. In New York, Class E felonies carry a maximum sentence of up to four years in jail and a fine of up to $5,000.

Crimes involving children are taken very seriously by police, prosecutors, judges and juries. Thus, no matter how thin the evidence against you, it is essential that you work with a seasoned New York criminal defense attorney who can ensure your arrest has as little impact on your life as possible. At Tilem & Associates, P.C., our NY criminal defense lawyers have more than 25 years of experience defending the rights of clients charged with violent crimes, including in cases involving allegations of assaulting a minor. 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.