Physical Assault On A Child In Bronx
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FAQ
New York Penal Law includes three degrees of the crime of assault including assault in the first degree, second degree and third degree. Assault in the third degree is the least serious of these three offenses. It is a class A misdemeanor and carries a possible prison sentence of up to one year in jail.
If recklessly, knowingly, or with intent, one causes harm to another which results in a bodily injury, the individual who inflicted the harm could be subject to simple assault charges.
Fines and Restitution Degree of AssaultClassificationCriminal Penalties First-Degree Assault Class B Felony 5 to 25 years in prison, significant fines, long-term probation Second-Degree Assault Class D Felony Up to 7 years in prison, fines, probation Third-Degree Assault Class A Misdemeanor Up to 1 year in jail, probation, fines
Assault in the Second Degree is a “D” violent felony and is therefore punishable by time in state prison – a presumptive mandatory two years up to seven years or five years probation. Assault in the First Degree is a “B” violent felony with a sentence up to 25 years in prison and a minimum of five years in prison.
A restraining order is the same thing in New York State as an order of protection. In New York State an order of protection can be obtained through three different means, either through criminal court, family court, or supreme court.
Making a Determination When ACS conducts an investigation, within 60 days or fewer, CPS will make a determination of whether or not the report is "indicated" or "unfounded. Indicated means that: CPS found a preponderance of evidence to support the claim that a child has been abused or maltreated.
If the report is indicated, you will receive written notification from the local CPS (or investigative agency). This notice will also inform you of any right to appeal the decision of the investigative agency to indicate the report.
You ask the court for an order of protection during the divorce case by making a Motion or Order to Show Cause. You can also ask the Judge for an order of protection on your court date. The judge decides whether to issue the order of protection and what terms and conditions will be included in the order.
Report to authorities. If you know that your child has sexually assaulted or abused another child it is important to report these crimes to the proper authorities, such as Child Protective Services.
An order of protection can order someone not to injure, threaten or harass you, your family, or any other people listed in the order. For example, it can order someone to: have no contact with you, your family, household members, or your children, regardless of their age (see: Melanie's Law) move out of your home.
