Offenses against children in New York State are typically some of the more heavily prosecuted offenses regardless of the level of felony they fall under. Luring a child begins as a class E felony but can be charged as a class D or C depending on the specifics of the case, which we will go into more detail shortly about. Assault of a child, depending on the position of the adult who committed the assault and other factors can be charged as either a class E or D felony. Any of these offenses can lead to serious time behind bars if the court decides to use its full discretion in sentencing. It is important to have an attorney by your side to assist with the complicated court proceedings to help you understand what is happening and make sure that your interests are being protected. Call now for a free consultation with our experienced New York criminal attorneys.
The offense of luring a child applies when a person has gotten a child onto or within an aircraft, building, motor vehicle, watercraft or an isolated area for the specific purpose of committing a violent felony (the list of which is discussed on another page of our website), murder in any degree, kidnapping, prostitution, incest, or use of a child in a sexual performance. For this specific area of the law, a child is defined as a person who is younger than 17 years old. The offense of luring a child is generally a class E felony offense, but if the underlying offense that was intended to be committed after possessing the child constitutes a class B felony this offense is now a class D felony. Similarly, if the underlying charge was a class A felony, this offense would be a class C felony.
Reckless assault of a child can be charged as either a class E or D felony, depending on the specifics of the case. If a person is a child day care provider or an employee of such a place and recklessly causes serious physical injury to a child who is under the care of the employer and under the age of eleven, the offense would be a class E felony. The higher charge of a class D felony would apply when a person who is over 18 recklessly causes serious physical injury to the brain of a child younger than five years old by throwing, slamming or shaking the child with the point of impacting the child’s head on a hard object or surface. Both the general term of serious physical injury is used in the law as well as specific injuries that involve the brain such as intracranial hemorrhaging to define what types of injuries sustained fall within the scope of this law.
Offenses that involve children are generally heavily prosecuted and can lead to extremely lengthy and confusing court proceedings. It is extremely important to have an attorney by your side who can help you understand the process as well as make sure that your interests are being represented properly to the court. Our experienced team of New York criminal attorneys are waiting to take your call and begin discussing your case.