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Burn Injury and Wounds Required to be Reported: New York Penal Code § 265.26

In the State of New York, specific injuries and wounds must be reported within seventy-two hours. New York Penal Code 265.26 makes it a crime to fail to report certain types of burn injuries and wounds. These laws were created to lead to the apprehension of people responsible for inflicting injuries with dangerous products and weapons.The burn injuries that must be reported by certain medical professionals include:

  1. Burns or wounds that have a high probability of resulting in death
  2. Laryngeal edema likely due to inhaling super-heated air
  3. Upper respiratory tract burns
  4. Third or second degree burns to five percent or more of the body

A physician, medical practitioner or medical facility manager who is tending to or caring for a person who has suffered a burn injury or wound must report the injury to the Office of Fire Prevention and Control within seventy-two hours.

Hypothetical Case

A man was rushed to the emergency room of a hospital in an ambulance. He was severely burned on his hands and arms up to just under his shoulders and was in extreme pain. The man’s brother said that they were setting off firecrackers and one exploded in the man’s hands as he was setting a flame to it. The attending emergency room physician administered first aid, carefully cleaned out the wounds and took steps to stop the bleeding. The attending physician is required to report the injury to the Office of Fire Prevention and Control within seventy-two hours of treatment because of the type and extent of the injuries.

Possible Defenses

Injury did not fall within the specified types of injury. For a person to be convicted of failing to report a certain burn injury or wound, the prosecuting attorney must prove that the injury was of the type required by code section 265.26. If the injury does not fall within the parameters of this code, then charges must be dropped.

Other lines of defense. Highly capable defense lawyers who have diverse experience with a variety of defense cases can draw on their successful strategies and use them effectively to fight charges and protect their clients.

Possible Sentence

Imprisonment. Violating the law that applies to burn injury and wounds required to be reported is a Class A misdemeanor which carries a sentence of up to one year in prison.

Probationary Period. In addition to imprisonment, the presiding judge may add a term of up to three years probation, requiring that the convicted person report regularly to a parole officer and abide by the rules of probation, or suffer conversion of the probationary period into jail time. While on probation, the convicted person must not possess firearms and not have contact with known criminals.

NY Penal Code Section 265.26: Burn Injury and Wounds Required To Be Reported

To recap, a person will be found guilty of violating the law related to burn injury and wounds required to be reported if that person treats or has supervision over an injured person, particularly in a sanitarium, hospital or other institution, and fails to report the injury. It is a misdemeanor Class A to fail to report such an injury to the Office of Fire Prevention and Control within seventy-two hours of treatment.

Attorney to Defend Against the Charge of Burn Injury and Wounds Required to Be Reported

To effectively defend against a charge of violation of the burn injury and wounds required to be reported code of law, it is important that you seek legal counsel from a qualified and experienced defense attorney firm that has deeply experienced staff to successfully protect clients’ interests and rights.

The Barry C. Weiss P.C. law firm has aggressively defended persons charged with violation of the burn injury and wounds required to be reported code, as well as other weapons and firearm violations, misdemeanors and felony crimes in the State of New York, including criminal possession of a firearm, criminal possession of a weapon and criminal sale of a firearm. The Elliot Adler PC law firm has a honed and experienced team of reliable attorneys who commit themselves to being staunch advocates in defense of their clients.

We can be reached at (212) 785-1300 or to schedule a no-obligation, free legal consultative meeting to evaluate your case.

Related Offenses

For additional information, refer to the following section of the New York Penal Code:

  1. Certain Wounds Required to Be Reported: Section 265.25
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