Why the injury is often the case
Assault charges in New York generally require proof of some level of injury, and the more serious charges require more serious injury. Whether a particular bruise, scratch, or episode of pain meets the level a charge requires is often disputed, and courts have looked closely at that question over the years. Where the injury evidence falls short, the charge may be reduced to a lesser offense, such as harassment or an attempt, rather than dropped. At the other end, a finding of serious injury can move a case into felony territory. Because so much depends on how the injury is described and proven, the medical and photographic record often shapes the entire case.
Building the injury record
Medical records usually matter more than the summary in a police report. Emergency room notes, follow-up visits, imaging, and how pain was described at different times can show a picture quite different from the one in the complaint. If you were also hurt, photograph your own injuries soon after the incident and again over the following days as bruises develop, and get treatment if you need it, because those records can support a claim that you were defending yourself. Keep damaged clothing or items as they are. Ask your lawyer about obtaining the complaining witness's medical records, which usually requires a court process rather than a simple request.
Questions we resolve early
We look first at the exact charge and what level of injury it requires, then compare it with what the medical evidence actually shows. We consider whether a civil claim for the same injury has been threatened or filed, since that can affect strategy and what you say. If an order of protection is in place, we go over what it covers. We also ask about your work and immigration status, because an assault conviction of any degree may carry consequences outside the case. From there we decide whether the injury evidence is the point to contest or whether the case turns on something else, such as who started the confrontation.
