1. Personal Injury Law Firm New York | Initial Police Complaint and Early Legal Exposure
The client sought immediate legal help after receiving notice of an assault allegation filed with NYPD.
New York law allows a complainant to initiate an assault investigation even without medical confirmation, which often results in rapid escalation to detective-level review.
Because the allegation involved bodily harm, police relied on NY Penal Law §120.00 and began evaluating whether the client “intentionally caused physical injury.”
Background of the Relationship and the Allegation
The client had dated the complainant for approximately two weeks before ending the relationship due to incompatibility.
After the breakup, the complainant alleged that the client transmitted a skin-related virus through physical or intimate contact.
The accusation was based entirely on the complainant’s personal assumption rather than a physician’s diagnosis.
No medical record confirmed viral presence, transmissibility, or causal connection.
Despite the absence of medical evidence, NYPD initiated an investigation because the allegation—if true—could theoretically fall within the statutory definitions of “physical injury” and “intent.”
Early Assessment of Exposure Under NY Penal Law
The personal injury law firm determined that the accusation lacked:
• Proof of physical injury as required by NY Penal Law §10.00(9).
• Proof of intent to harm, which is essential for NY Penal Law §120.00.
• Medical evidence linking the client to any transmission.
Because New York prosecutors require all three elements, the attorneys identified early that the case rested on speculation rather than admissible evidence.
2. Personal Injury Law Firm New York | Legal Standards Governing the Accusation
Under New York law, “physical injury” requires either:
1. substantial pain, or
2. impairment of physical condition.
A speculative skin reaction, without medical diagnosis or proof of transmission, cannot meet the statutory threshold.
Applicability of NY Penal Law §120.00 (Assault in the Third Degree)
Prosecutors must prove:
• Intent to cause injury
• Actual physical injury
• Causation
Without medical confirmation of a virus, the complainant’s allegation could not satisfy these legal elements.
Moreover, the client had no knowledge of any contagious condition and reported no symptoms.
How Personal Injury Law Firms Evaluate Alleged Viral Transmission Assault Cases
A New York personal injury law firm typically reviews:
• Scientific plausibility of transmission
• Medical reports documenting the complainant’s condition
• Timing and incubation periods
• The client’s medical records
• Evidence of intent or threats
In this case, none of the legally required factors existed.
3. Personal Injury Law Firm New York | Defense Strategy and Evidence Development
The attorneys built a structured defense centered on factual reconstruction, medical review, and disproving causation.
Establishing the Actual Nature of Physical Contact
The firm documented that:
• Contact between the parties was minimal (light hugging and brief kissing).
• No sexual contact occurred.
• No exchange that could medically constitute viral transmission occurred.
• This directly contradicted the complainant’s claim of infection through “intimate” contact.
Medical Evidence Disproving Transmission
The personal injury law firm obtained medical records showing:
• The client did not carry the alleged virus.
• No symptoms consistent with contagious infection existed.
• The complainant’s skin irritation was medically consistent with stress or fatigue rather than viral infection.
This evidence eliminated the element of causation required for any assault charge.
4. Personal Injury Law Firm New York | Resolution and No Charge Determination
After submitting medical documentation, relationship history reconstruction, and evidence disproving intent and causation, the firm presented a full mitigation and factual report to investigators.
NYPD determined that the accusation lacked:
• medical support,
• evidence of intent,
• evidence of physical injury,
• and evidence of transmission.
The matter was formally closed with no charges.
The client avoided arrest, prosecution, or court proceedings, and no criminal record was created.
Importance of Early Representation in Alleged Injury Cases
In New York, accusations involving bodily harm—even medically unsound ones—can quickly escalate.
This case illustrates why individuals should seek immediate legal help:
• early intervention prevents misinterpretation of medical facts,
• stops unsupported allegations from becoming formal charges,
• and ensures investigators receive verified medical evidence rather than speculation.
09 Dec, 2025
