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“Shaken Baby Syndrome” Assault

The charge of reckless assault of a child involving the "Shaken Baby Syndrome" is a class D felony under Penal Law 120.02. The law took effect on November 1, 2006. In the State of New York, the charge of Reckless Assault of a Child involving the "Shaken Bay Syndrome" alleges that a person, who is eighteen (18) years of age or more, recklessly caused serious physical injury to the brain of a child less than five (5) years old by shaking the child, or by slamming or throwing the child so as to impact the child’s head on a hard surface or object.

In many well-documented cases, other medical conditions can mimic the symptoms found in "Shaken Baby Syndrome" cases. These cases represent the most serious assault charges found under New York Law. If you were arrested for this felony offense in Nassau County or the surrounding areas, then contact an experienced violent crimes defense attorney at the Law Offices of Stephanie Selloni.

Stephanie Selloni fights assault cases in the District Court of Nassau County, as well as the City Courts of Long Beach and Glen Cove, New York. Call today for a free consultation to discuss the best defense.

Information on Shaken Baby Syndrome in New York

Definitions for the "Shaken Baby Syndrome" Statute

The term “serious physical injury to the brain” means “impairment of a person’s brain which creates a substantial risk of death, or which causes death or protracted impairment of health or protracted loss or impairment of the function of the brain, or extreme rotational cranial acceleration and deceleration and one or more of the following:

  • subdural hemorrhaging;
  • intracranial hemorrhaging; or
  • retinal hemorrhaging.”

In this section, a person acts RECKLESSLY when that person:

  • engages in conduct which creates or contributes to a substantial and unjustifiable risk that serious physical injury to the brain of a child less than five years old will occur; and
  • when he or she is aware of and consciously disregards that risk; and
  • when that risk is of such nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

Finding an Attorney for Shaken Baby Assault Charge

At the Law Office of Stephanie Selloni, we understand the serious nature of these cases. Having an attorney in the early stages of the investigation is critical. Call us at 516-972-1212 to discuss the particular facts of your case. We represent clients in and around Nassau County.