New York Physical Injury Crime

Under New York Penal Law, applying physical force on another person may result in criminal liability—even without direct contact. Simple assault involves physical conduct that causes annoyance, while a physical injury crime requires actual bodily harm.

Actions that may constitute a simple offense include pushing someone, aggressive gestures, throwing objects without causing harm, or repeatedly shouting threats. By contrast, a physical injury crime typically involves medical diagnosis of harm such as broken bones, disfigurement, or neurological trauma.

To determine whether a case qualifies as a physical injury crime, New York courts assess:

• Whether medical treatment was necessary
• Whether there was prolonged pain, impairment, or risk of health damage
• Whether the injury impacted the victim’s ability to function normally

For instance, pushing someone might be treated as a simple offense if there is no lasting injury. However, punching someone and causing a fractured nose constitutes a physical injury crime subject to more severe consequences.

The presence of a weapon, the degree of injury, and the victim’s status (e.g., police officer) can all elevate a charge from misdemeanor to felony.

• Minor non-injury conduct: Often results in adjournment in contemplation of dismissal (ACD) or conditional discharge
• Injury without weapon: Likely misdemeanor plea with probation
• Serious bodily harm: Potential felony conviction and imprisonment

Plea bargains depend heavily on the defendant’s intent, criminal record, and the victim’s medical records.

For misdemeanor offenses like third-degree assault, New York treats them as “complainant-dependent crimes,” meaning if the victim files an affidavit of non-prosecution, the case may be dismissed or downgraded. This does not apply to felony-level assaults, where the State proceeds regardless of victim preference.

Thus, early settlement with the victim during police investigation or arraignment stage is crucial for favorable outcomes in misdemeanor cases. For felonies, while settlement won't block prosecution, it still greatly influences sentencing.

Courts in New York consider the following to potentially reduce sentences:

• Provocation by the victim
• Emotional distress or mental health issues (excluding voluntary intoxication)
• Absence of prior convictions
• Spontaneous or impulsive conduct rather than premeditated action
• Medical evidence indicating minor injury (e.g., no stitches or surgery)
• Full cooperation with police
• Voluntary restitution and apology to the victim

These factors may lead to sentencing below the guideline range or allow plea deals for non-jail outcomes such as probation.

Certain elements may increase penalties:

• Use of dangerous instrument (e.g., knife, blunt object)
• Attack on vulnerable victims (children, elderly, or disabled)
• Repetitive conduct or ongoing domestic violence
• Injury requiring hospitalization or leading to permanent impairment
• Crime committed against a public official or while resisting arrest

These elevate cases to felonies and significantly raise the risk of incarceration.

The presence of intent is pivotal. A defendant must act with the purpose of causing injury for it to qualify as assault under New York law. Accidental or negligent acts may result in civil liability or lower criminal charges, such as reckless endangerment or negligent harm.

However, if a person acted with knowledge that harm was likely—even without specific intent—it may still satisfy the mental element required for second-degree assault.