A law concerning aggravated assault was recently amended by Governor Cuomo. Penal Law 120.12 originally made it a Class E felony for a defendant who was 18 years or older to have committed assault in the third degree against a child if the defendant had been previously convicted of such a crime within the past three years. Governor Cuomo has signed an amendment into law that mandates that the look back period be extended to ten years instead of just three. This means more offenders who commit assault on a child can be prosecuted.
In New York, there are five types, or classes, of felonies. A Class E Felony is the lowest category, associated with the shortest jail sentences. However, being convicted of a felony is considered much more serious than being convicted of a misdemeanor or violation. Felonies are associated with longer jail time and limitation of your employment prospects. Felony sentences can be particularly harsh if you are a multiple time offender like those who will be affected by Governor Cuomo's amendment.
If you are charged with a felony, you should absolutely contact an attorney. An attorney can advise you of your options and work with the court for a lesser sentencing. If you are in need of an attorney, please contact my office at 718-317-5007.
- Kevin P. McKernan
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