Why the injury drives the charge
New York distinguishes between physical injury and serious physical injury, and the line between them is often argued. Ordinary physical injury is a comparatively low threshold that significant pain alone can sometimes meet, while serious physical injury involves something far graver and more lasting. The question is not only what the complaint says but what the medical records show, and those records sometimes describe an injury in less dramatic terms than the police paperwork. A claim of pain can be disputed when the record is thin, and an injury can also prove more serious than first thought once follow-up treatment occurs.
Records on both sides
If you were accused, the other person's medical records are usually obtained through the prosecution's disclosures or by subpoena, never by asking them. Your own injuries matter too, because they may support a claim that you were defending yourself, so photograph them and get medical care if you need it. Keep discharge papers and receipts, and tell your lawyer about earlier injuries or conditions that might complicate the picture. If you were the one injured, keep a copy of every record and bill, since they may matter both in the criminal case and in any later claim for compensation.
What we look at early
An early review compares the injury described in the charging papers with the medical evidence actually available, and considers how the injury was caused and who started the physical contact. Whether a weapon or other object was involved can also change the charge, sometimes even when the injury itself is modest. These facts often influence how a case is charged and whether a lesser offense is a realistic subject of discussion. For people who were hurt, we can explain how the criminal process interacts with compensation through a civil claim or the state's crime victim compensation program.
