Saturday, August 10, 2013

I need advices

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

A: David's Answer:  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. --  David Bliven, Westchester Family Law attorney (

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