Wounds Required to be Reported: New York Penal Code § 265.25
In the State of New York, specific wounds must be reported. New York Penal Code 265.25 makes it a crime to fail to report certain types of injuries. The injuries that must be reported include:
- Gunshot wounds
- Bullet wounds
- Powder burn wound
- A knife or sharp instrument wound that may or has a good chance of resulting in death
- Any injury caused by discharging a firearm or gun
Any person, including a physician or medical facility manager, tending to or caring for a non-armed forces person who has a gunshot, bullet, knife, sharp object, or powder burn wound is responsible for reporting the injury to law enforcement officials.
This law does not apply to members of the United States or New York armed forces when they are on active duty.Hypothetical Case
Suppose a man checks himself into the emergency ward of a local hospital. The man’s torso is covered in blood, and he is very weak and pale as he presses his fist against his abdominal area. The urgency of his condition is apparent, and the man is immediately placed on a gurney for examination by medical staff. On further examination, the attending physician recognizes that the man had been shot in the stomach and takes measures to stop the bleeding and remove the embedded bullet. The man plead with the physician to not report his injury. There were several medical staff also attending to the man’s gunshot wound.Possible Defenses
Injury did not fall within the specified types of injury. For a person to be convicted of failing to report a certain injury, the prosecuting attorney must prove that the injury was of the type required by code section 265.25. If the injury does not fall within the parameters of this code, then charges must be dropped.
Other lines of defense. Highly competent defense attorneys who have extensive experience with various defense cases have the ability to draw from their successful strategies and employ them effectively to help fend off charges in protection of their clients.Possible Sentence
Imprisonment. Violating the law that applies to 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 also not possess firearms and not have contact with known criminals.NY Penal Code Section 265.25: Wounds Required To Be Reported
In summary, a person will be found guilty of violating the law related to wounds required to be reported if that person treats or has supervision over a non-armed forces injured person (particularly in a sanitarium, hospital or other institution) who has a wound that was caused by gunshot, bullet, powder burn, knife, or sharp object. It is a misdemeanor Class A to fail to report such an injury. The law does not apply to members of the armed forces of the United States or the State or City of New York.Lawyer to Defend Against the Charge of Wounds Required to Be Reported
To effectively defend against a charge of violation of the wounds required to be reported code of law, it is important that you seek legal counsel from an experienced and reputable defense law firm that has highly-skilled staff to successfully protect clients’ rights and interests.
The Barry C. Weiss P.C. law firm has successfully defended persons charged with violation of the wounds required to be reported code, as well as other weapons and firearm violations, misdemeanors and felony crimes in New York state, including criminal possession of a firearm, criminal possession of a weapon, and criminal sale of a firearm. The Elliot Adler PC law firm has experienced, skilled and reliable attorneys who commit themselves to providing the best advocacy in defense of their clients.
We can be reached at (212) 785-1300 or newyorkcriminallawyer24-7.com 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:
- Mandatory reporting of injury and burn wounds: Section 265.26