Personal Injury Law Firm Bronx | Prison Avoided Assault Case

The incident occurred late at night on a commercial street in the Bronx after both individuals had been drinking at nearby establishments.

Police responded to a 911 call reporting a physical fight and observed the complaining witness bleeding from the face and head area.

The client was arrested at the scene and charged with Assault in the Third Degree under New York Penal Law §120.00, while the prosecution initially reviewed whether the facts could support a felony assault charge under §120.05 pending further injury assessment.

According to the complaint, the client allegedly initiated a verbal dispute, pushed the complainant toward a streetlight, and caused him to fall to the ground during the confrontation.

The prosecution asserted that these actions resulted in “physical injury” as defined by New York Penal Law §10.00(9), meaning impairment of physical condition or substantial pain.

Based on the visible head wound and initial medical observations, the district attorney opposed early non custodial disposition at the outset of the case.

• The head injury occurred when the complainant lost balance and fell, not as the result of a direct intentional strike

• Surveillance footage showed the complainant holding a rolled paper object and swinging first, supporting a mutual confrontation scenario

• Both parties were visibly intoxicated, undermining the reliability of recollections and intent assessments

• The client voluntarily completed anger management and alcohol education programs prior to disposition

• No weapon was involved and no serious or permanent injury was documented, limiting the applicability of New York Penal Law §120.05

The court entered a conviction for Assault in the Third Degree under New York Penal Law §120.00 and imposed probation with a suspended jail term.

This outcome allowed the client to avoid incarceration while remaining subject to court ordered supervision and conditions.

The resolution reflected the court’s determination that confinement was not necessary to achieve the purposes of sentencing under New York law.