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Queens Aggravated Assault Upon a Person Less Than Eleven

N.Y. Pen. Law § 120.12

Assault is one of the most common criminal offenses. It involves one person intentionally or recklessly injuring another person. In New York Penal Law there are several offenses related to assault, including offenses specifically related to injuring a child. One such charge is aggravated assault upon a person less than eleven. It is a felony. This means that if you are convicted you could end up spending multiple years in prison. There will also be financial consequences that will add up to thousands of dollars. Furthermore, having a criminal record with a felony conviction will negatively impact your future. Thus, if you have been charged with aggravated assault upon a person less than eleven it is imperative that you immediately contact an experienced Queens Aggravated Assault Upon a Person Less Than Eleven Lawyer who will review the facts of your case and who will work closely with you to vigorously fight the charges against you.

Definition of Aggravated Assault Upon a Person Less Than Eleven

You will have committed the crime of aggravated assault upon a person less than eleven if:

  • You are at least 18 years old
  • You assault someone who is less than 11 years old
  • You have been convicted of assaulting a child who is less than 11 years old within the last 3 years

Aggravated assault upon a person less than eleven is a Class E felony. N.Y. Pen. Law § 120.12

The Arrest and Arraignment

If you are arrested for aggravated assault upon a person less than eleven you will likely be taken to the local police precinct. Within 24 hours of your arrest you will be arraigned. At your arraignment you will learn the exact charges against you. In some cases the charges will be different from what you expected. Based on a review of the evidence, the prosecutor may decide to raise or lower the charges, or to add additional charges. You will also learn whether or not bail will be required.

Consequences of a Conviction

Because aggravated assault upon a person less than eleven is a Class E felony if convicted you will likely go to prison. In addition, there will be financial consequences. You will be ordered to pay fees, a fine, and restitution.


The maximum possible sentence is up to 4 years in prison. N.Y. Pen. Law § 70.02. However, your exact sentence will depend on other factors such as your prior criminal history.

  • Prior convictions: You have been convicted of a felony within the prior 10 years.
  • Non-Violent Predicate Offender: You have been convicted of a non-violent felony within the last 10 years.
  • Violent Predicate Offender: You have been convicted of a violent felony within the last 10 years.
  • Persistent Felony Offender: At least 2 prior felony convictions.

If you have no prior convictions the judge will not be required to sentence you to prison. The judge may sentence you to probation. If your status is that of a non-violent or violent predicate offender, then the court will sentence you to at least 1 ½ to 3 years. If you are a persistent felony offender, then the sentencing rules are completely different and are much more harsh. The minimum sentence you will receive is 12-25 years in prison and the maximum sentence is life in prison. N.Y. Pen. Law § 70.08.


If you end up being convicted of aggravated assault upon a person less that eleven all or part of your sentence may include probation. While probation is preferable to being incarcerated you should be aware that some find probation to be quite challenging because of the rules that you will be required to follow. For the entire time that you are on probation you will be required to follow strict rules that are designed to help prevent you from committing another crime. If you break any of these rules there are severe consequences such as being sent to prison. The court will design a set of rules specifically for you. Typical rules include:

  • You must not commit a crime-- not even a misdemeanor
  • You must not hang out with other people who have criminal records
  • You must not patronize places known for illegal activity
  • You must not use or possess illegal drugs or drug paraphernalia
  • You must consent to warrantless searches without probable cause
  • You must submit to home visits by your Probation Officer
  • You must regularly report to your Probation Officer
  • You cannot leave the State of New York without permission.
  • You must let your Probation Office know if you move.
  • You must not own, possess or purchase a gun
  • You must refrain from the excessive use of alcohol.
  • You must complete any ordered substance abuse treatment or medical treatment
  • You must stick to a curfew
  • You must have job or be enrolled in school. If you change jobs or schools, you must let your Probation Officer know.
Fines, Fees and Restitution

Your sentence may also include the payment of a fine of up to $5,000. If you are convicted of a crime in New York, you will be required to pay certain fees. For a felony conviction you will have to pay a mandatory surcharge of $300 as well as a victim assistance fee of $25. N.Y. Pen. Law § 60.35. You may also be required to pay probation or post-release supervision fees of $30 per week.

As part of your sentence you may be ordered to pay restitution. The amount of restitution will be based on the victim's out-of-pocket expenses that resulted from the assault with a maximum of $15,000. However, if the victim has medical expenses of more than $15,000, the judge may order you to pay more than $15,000 in restitution.

If you do not pay a fine, fee or restitution, you may be charged with a misdemeanor and sent to prison for up to a year, your wages may be garnished or the state of New York may obtain a judgment against you. The court may reduce the amount of the fees, fines and restitution you are required to pay, or change the payment terms based on your financial condition.

Orders of Protection

As part of the criminal process, the prosecutor may request a Temporary Order of Protection against you in favor of the victim. An Order of Protection is designed to ensure that the victim is safe from further assaults from you while the criminal case is pending. The Order of Protection while state what you must do or must not do. For example, it may state that you cannot go near the residence or school of the child victim. This means that if you live with the child, you will have to move. Depending on the outcome of the assault charges against you the Temporary Order of Protection may be dismissed or it may be replaced by a Permanent Order of Protection which will remain in effect for several years.

If you violate an Order of Protection, you could face additional criminal charges that could result in you going to prison. However, if you do not believe that an Order of Protection is warranted, then there are ways to fight such an order to get it dismissed.

Long-Term Consequences

If you are convicted of aggravated assault upon a person less than eleven, unless you are a persistent felony offender the amount of time that you will spend in jail ranges from 0 to 4 years. However, whether the amount of jail or prison time is a few days, a few months, or a few years, the consequences of being convicted go well beyond your prison sentence, your probation sentence, or any monetary payment you are ordered to make. You will have a criminal record that will impact the rest of your life. For example, with a simple background check a potential employer could discover your criminal record and decide not to hire you. Similarly, some colleges perform background checks as part of the admissions process. If you have a criminal record some schools may decline to admit you. Also, several professions such as doctor, teacher, lawyer, taxi driver and security guard require licensing. You may be unable to get a license or you may lose your license if you are convicted of a crime.

The consequences of a conviction of aggravated assault upon a person less than eleven are quite serious. You may be sent to prison for multiple years and pay a substantial fine, plus fees and restitution. You will then have to face the challenges of life with a criminal record. However, there are defenses to a charge of aggravated assault upon a person less than eleven that may result in the charge being dropped, reduced or you being acquitted. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with aggravated assault upon a person less than eleven as well as reckless assault of a child, reckless assault of a child by a child day care worker and child endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of assault in the following locations:

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