Nigerian parents, Oluwafeyi Faniyi, 30, and Olufemi Faniyi, 32, both of Roosevelt, were arrested on monday, accused of endangering their child while disciplining him. They have been charged with second-degree felony assault and endangering welfare of a child.
According to the Nassau County Police Department, while at their residence, they disciplined their son, 8, for misbehaving by whipping him with an extension cord of some kind.
A teacher at the child’s school noticed cuts on his back and arms. The victim was taken to a hospital where he was treated and released to a family member.
Assault in the second degree in New York is a class D felony. The maximum possible sentence is 7 years in prison. N.Y. Pen. Law § 70.02. Because assault in the second degree is also classified as a violent felony, the judge is required to impose a mandatory minimum sentence of 2 years in prison. The court will not have the option of sentencing you to no prison time.
For an assault in the second degree conviction in addition to being sentenced to at least 2 years in prison you may also be required to pay a fine of up to $5,000. Furthermore, you will be required to pay certain fees including a fee that is called a “mandatory surcharge” of $300 as well as a victim assistance fee of $25. N.Y. Pen. Law § 60.35. You may also be required to pay probation or parole supervision fees of $30 per month.
Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. Generally, the maximum amount of restitution is $15,000. However, the court may increase the amount to more than $15,000 to cover the amount of the victim’s medical expenses. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you.
The defendants will also lose parantal rights to the child if convicted.
Both defendants were scheduled for arraignment Saturday in Hempstead.
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