From arraignment to the grand jury
In New York, a felony assault case usually starts with a felony complaint in local criminal court, where the person is arraigned and the judge decides on release. An order of protection is commonly issued at the same appearance. Before the case can go to trial as a felony, the prosecution generally needs an indictment from a grand jury, and there are time limits on how long a person can be held in custody while that is pending. The grand jury hears evidence presented by the prosecutor, without a judge presiding in the room or a defense lawyer arguing the case. If the grand jury does not indict on a felony, the case may be reduced to a misdemeanor or dismissed.
Whether to testify before the grand jury
A person charged with a felony in New York generally has the right to testify before the grand jury, but the right has to be claimed by serving proper notice, and it comes with real risk. Testimony is given under oath, the prosecutor can question the witness closely, and anything said can be used later. Some cases benefit from it, particularly when a justification claim is supported by evidence the grand jury would not otherwise hear. Many do not. This decision is made with counsel after reviewing what is known about the evidence, and it often has to be made quickly.
What we focus on first
We look at the release conditions and the order of protection, especially if they affect where you can live or whether you can see your children. We request medical records and recordings that bear on the injury, and we ask for video to be preserved before it disappears. If you hold a professional license, work in a field with reporting duties, or are not a citizen, we raise those issues at once, because they shape how any later resolution should be evaluated. We also explain the difference between a felony complaint and an indictment, so you know which charges actually remain after the grand jury stage.
