Q: Is letting go in a hand wrestling game legally considered hitting someone in NY?

A: You question contradicts itself. On the one hand, you said your opponent "accidentally" hit himself in the face. On the other hand, you claim your intention was to cause harm. From a civil (as opposed to criminal) perspective, if your intentional actions cause someone to get hurt, you are responsible for the resulting harm.

A: In New York, whether your actions amount to an unlawful physical act depends on several factors, including intent, consent, and the foreseeable consequences of your conduct. While the person consented to participate in the hand wrestling game, that consent does not automatically shield you from liability if your conduct went beyond what was reasonably expected in the context of the activity.

Under New York Penal Law § 120.00, assault in the third degree occurs when a person intentionally or recklessly causes physical injury to another person. Even though you did not strike the person directly, you acknowledged that you intended to cause harm by letting go of their fist, which resulted in the other person accidentally hitting themselves and sustaining a black eye. The injury was a direct and foreseeable result of your intentional act.

Consent is a defense in some situations, particularly where the conduct is part of a mutually agreed-upon activity that carries some inherent risk—such as sports. However, the key question is whether the injured person consented to the specific risk that caused the injury. Here, you admit that the other person did not know you would let go. That suggests they did not consent to this specific act or to the risk it created. If the game did not typically involve letting go, and you did so with the intent to cause harm or with reckless disregard for the outcome, a court could find that the act exceeded the scope of consent and constituted unlawful conduct.

From a criminal perspective, prosecutors would evaluate the facts to determine whether to bring charges. While a black eye may not amount to serious physical injury, it could meet the legal standard for physical injury, which includes impairment of physical condition or substantial pain.

There could also be civil implications. The other person could potentially bring a personal injury claim for negligence or intentional tort (such as battery), especially if they incurred medical expenses or suffered ongoing effects.

You should consider speaking with a criminal defense attorney if you believe you may face legal consequences. An attorney can advise you based on all the facts and determine whether your conduct could expose you to criminal or civil liability.

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.

A: Yes, This Could Be Considered Assault Under NY Law

Based on New York law, your actions could likely be considered assault, even though you didn't directly hit the person. New York's Penal Law defines assault in the third degree when someone "with intent to cause physical injury to another person, causes such injury" or "recklessly causes physical injury to another person." Nysenate The key elements here are your intent and the resulting injury.

A critical concept in criminal law is "intent" (legally referred to as mens rea or "guilty mind"), and the same act can have different legal consequences depending on the corresponding intent. LBC&C You explicitly mentioned that your intention was to cause harm by letting go of their fist, which is significant from a legal perspective. Additionally, New York law applies the concept of "transferred intent," meaning that even if the specific mechanism of injury wasn't direct hitting, your intention to cause harm transfers to the actual result. Findlaw Since you intentionally created a situation designed to cause injury, and that injury occurred as planned, the elements of assault are present.

Your statement that "there were no witnesses" is also problematic, as it suggests awareness of wrongdoing. Tsiglerlaw Even pranks that result in injury can lead to criminal charges when they involve gross negligence or intent to harm. Hoganinjury The defense of consent would likely fail here because the other person consented to hand wrestling, not to a trick designed to make them hit themselves. I would recommend consulting with a criminal defense attorney if this situation has resulted in legal action, as they can advise you on possible defenses such as lack of intent (though this would be difficult given your admission) or arguing that the injury wasn't as serious as it appears.