A pit bull attack in Harlem sent a 4-year-old boy from the Bronx to the hospital on Oct. 3.

His mother, Aishia, said she picked up her son from Harlem Children's Zone Promise Academy, an after-school program in Harlem.

She said that her son was attacked as they passed a man walking his gray pit bull.

"My son suddenly got yanked. I noticed a dog tugging at his uniform sweater," she said.

She said the owner did not react.

"I said, 'Can you please get your dog?' He bent down and said, 'No'," she said.

She said the dog then jumped and bit her son's cheek.

Video shows the owner of the dog being questioned by police. He is not currently facing any charges.

The boy's mother is now demanding justice for her son. She said she doesn't want the dog to remain on the streets.

"I just don't understand why the dog wasn't put down immediately for attacking a child that didn't even provoke him," she said.

News 12 spoke with legal expert Samuel Meirowitz, of Meirowitz & Wasserberg, LLP.

Meirowitz advised that as current law stands, most dog bite incidents are deemed civil, excluding extreme circumstances.

Before anyone can press criminal charges, the dog needs to be deemed dangerous.

New York state defines a "dangerous dog" as any dog that attacks a person or animal, without justification, causing physical injury or death.

It also states, if the dog's behavior poses a serious and unjustified imminent threat, it can be deemed dangerous as well.

The law doesn't call for euthanasia at first offense.

Meirowitz said a recent court rule was overturned to allow victims of dog bites to receive compensation for medical expenses and pain and suffering. He said that since that decision was overturned, victims would be allowed these benefits even if the dog wasn't previously deemed dangerous.

In May, a bill was proposed to the New York state Senate called Penny's Law. It is aimed at criminalizing the negligent handling of dogs without a prior dangerous record. This bill was enacted in an effort to protect victims of dog biting incidents.

Meirowitz said Penny's Law attempts codify or clarify these situations, by penalizing the dog owner instead of targeting the dog.

A recent court rule in New York was overturned to allow victims of dog bites to receive compensation for medical expenses and pain and suffering.

Since that decision was overturned, victims would be allowed these benefits even if the dog wasn't previously deemed dangerous.

Aishia said she isn't satisfied with the NYPD ruling this a civil case. She said she wants justice for her son.

"They told me go to civil and sue... but that doesn't make me feel better. That dog is still walking around," she said.