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White Plains, NY |

Is using a belt and leaving bruises on a child back consider an assault on the second degree in new york?

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Attorney answers 3

Posted

Probably not, but it depends on the extent. A Judge/Jury would need to determine the belt is a "dangerous instrument" capable of causing a "serious physical injury," and it's unlikely a normal belt would have that capability. That said, your scenario may be considered assault in the third or endangering the welfare of a child. Either way, it's a serious offense such that you (if it's you being charged) should consult an experienced criminal defense lawyer. You would probably also face Family Court neglect charges - and if so you should call a White Plains Child Abuse attorney.

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Posted

It fits the statutory definition of assault in the second degree, so a DA could certainly charge it, and a jury could certainly convict on it, if an prior plea is not reached.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

Here's the definition. A person is guilty of assault in the second degree when: 1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or 2. With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or 3. With intent to prevent a peace officer, a police officer, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, a city marshal, a traffic enforcement officer or traffic enforcement agent, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace officer, police officer, firefighter, paramedic, technician, city marshal, traffic enforcement officer or traffic enforcement agent, he or she causes physical injury to such peace officer, police officer, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, traffic enforcement officer or traffic enforcement agent; or 4. He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or 5. For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to him, without his consent, a drug, substance or preparation capable of producing the same; or 6. In the course of and in furtherance of the commission or attempted commission of a felony, other than a felony defined in article one hundred thirty which requires corroboration for conviction, or of immediate flight therefrom, he, or another participant if there be any, causes physical injury to a person other than one of the participants; or 7. Having been charged with or convicted of a crime and while confined in a correctional facility, as defined in subdivision three of section forty of the correction law, pursuant to such charge or conviction, with intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 8. Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly causes serious physical injury to such person; or 9. Being eighteen years old or more and with intent to cause physical injury to a person less than seven years old, the defendant causes such injury to such person; or

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

The balance would not be relevant.

Posted

It meets the statutory requirments.

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