What counts as injury
New York's assault laws generally require proof of physical injury, which the law describes as impairment of physical condition or substantial pain. Contact without that level of injury is often charged as harassment, a lower-level offense, or as attempted assault. More serious degrees involve serious physical injury or the use of a weapon or dangerous instrument, and the step between levels can turn a misdemeanor into a felony. Whether pain was substantial is frequently argued, and it is not settled simply by the complaining witness saying it hurt. Medical records, photographs, and the time between the incident and any treatment all feed into that question.
Records that support or undercut the claim
Emergency room notes often record how a person described their pain, what was observed, and what treatment was given, and those notes can differ from later testimony. Photographs taken at the scene by officers and those taken later by the complaining witness may show different things. If you were also injured, your own photos and medical visits are part of the record and should be kept. Ask your lawyer about requesting video from the location before it is overwritten. Avoid discussing injuries with the other person or their family, since statements can be repeated in ways you did not intend.
Charge level as a point of negotiation
Because the injury level determines the charge, it is often at the center of early discussions with prosecutors. A case filed at a higher level may be reassessed once medical records arrive, and some charges are reduced when the records do not support the first description. Others become more serious as information emerges. If you were charged under another state's law, that state's definitions and procedures apply, and we will tell you whether we can help directly or need to work with local counsel. At the outset we look at the charging language, the medical evidence available, and whether self-defense is part of the picture.
