What usually happens next
After an assault arrest in New York, a person is generally either released with a desk appearance ticket to come back to court on a later date or held to be arraigned, often within a day. Which path applies depends on the charge, the circumstances, and sometimes the relationship between the people involved. At arraignment, the judge addresses release and frequently issues an order of protection, which can apply immediately. Felony assault cases then move toward a grand jury. Knowing which track you are on tells you how fast the next steps will come.
Talking, and not talking
Police may ask for your side of the story, and it can feel natural to explain, but statements made at the scene or at the station are often the most-quoted evidence in the case. You can politely say you want to speak with a lawyer before answering questions. Do not post about the incident or message the other person, mutual friends, or witnesses about what happened. If an order of protection is in place, it applies even if the other person contacts you. Saying less in the first days usually leaves more options later.
What to save right away
Photograph your own injuries and get medical care, because your injuries may be relevant to self-defense or to showing what really happened. Write down, for your lawyer, the names of people who saw the incident and where cameras might have been, such as stores, buses, or building entrances, since video is often erased quickly. Keep your arrest paperwork and any property receipts. Mention at the start whether you are a non-citizen or hold a professional license. After an assault arrest, our first review covers the charge, the release conditions, and the evidence that needs to be secured before it disappears.
