Asked in Criminal Law, Personal Injury and Domestic Violence for New York

Q: What legal steps can I take after being assaulted in NY?

I was assaulted by someone named Taliza yesterday, and I suffered injuries. I reported it to the police, and they have already spoken to her. What legal steps can I take next to ensure my safety and address the assault?

1 Lawyer Answer
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I’m sorry to hear about the assault and the injuries you've sustained. In New York, there are several legal steps you can take to address the assault and ensure your safety moving forward.

Follow Up with Law Enforcement: Since you’ve already reported the assault to the police and they have spoken to the person responsible, it's important to stay in touch with the police. You should keep them updated on your injuries and any additional details about the incident that may arise. The police may conduct further investigations, and the person who assaulted you could face criminal charges, such as assault (Penal Law § 120.00).

Seek an Order of Protection: If you feel unsafe or are concerned that the person who assaulted you may try to harm you again, you can seek an Order of Protection from the court. This is a legal order that can require the individual to stay away from you, stop any contact with you, and refrain from further violence. You can request an Order of Protection through the police or by going to Family Court or Criminal Court, depending on your situation. The court can issue a temporary order of protection and set a hearing for a longer-term order if necessary.

Document Your Injuries: It's crucial to document the injuries you sustained from the assault. This includes keeping records of your medical treatment, hospital visits, prescriptions, and any ongoing care related to the injuries. If possible, take photographs of your injuries, as these can be important evidence in both criminal and civil cases.

Pressing Criminal Charges: The police may already be pursuing criminal charges against the individual for assault, but you can also express your interest in pressing charges. The police and the district attorney’s office will determine if they have enough evidence to pursue criminal prosecution. If the case goes to trial, you may need to testify, but you have the right to be informed of the progress of the case.

Consider a Civil Lawsuit: In addition to criminal charges, you have the option of pursuing a civil lawsuit for personal injury against the individual who assaulted you. A civil suit can help you seek compensation for medical bills, pain and suffering, lost wages, and any other damages resulting from the assault. You would need to consult with a personal injury attorney to explore this option, especially if the criminal justice process does not fully compensate you for your injuries.

Support Services: You may also want to seek support through victim assistance programs or counseling services. New York State provides resources for victims of crime, and these services can help you cope with the emotional and psychological effects of the assault.

Given the severity of the situation, it's important to take immediate action to ensure your safety and protect your rights. Consulting with a criminal defense attorney or personal injury lawyer can help guide you through both the criminal and civil aspects of the case.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.