NY Penal Law § 265.25: Certain wounds to be reported

Under New York Penal Code § 265.25 it is a crime to fail to report certain types of injuries to the police. Such injuries include:

• bullet wounds
• gunshot wounds
• powder burns
• any other injury arising from or caused by the discharge of a gun or firearm
• a knife or sharp instrument would that is likely to or may result in death

The physician treating the wound or the manager of the medical facility has the responsibility of reporting such injuries to the police.

A man stumbles into a hospital with his hands clutching his abdominal area. He collapses on the floor. Hospital staff rushes to him and see that he is bleeding. Upon examining the man the staff determines that he man was suffering from a stab wound. The man begs the doctor to not report the injury, claiming that it was an accident. If the doctor fails to report the injury to the police that doctor could be prosecuted for failing to follow the requirements of the charge of certain wounds to be reported.

1. Burn and injury wounds to be reported: New York Penal Code § 265.26

Because the charge of certain wounds to be reported is a class A misdemeanor if convicted you could be sentenced to up to 1 year in jail. It is also possible that that the judge will opt to not send you to jail, or only send you to jail for a short period, and instead sentence you to a probation term of 3 years. If you are placed on probation there will be several rules that you will be required to follow, including regularly reporting to your probation officer, refraining from possessing firearms and staying away from people who are known criminals. If you fail to follow the rules your probation may be revoked and you may be sent to jail.

Every case of a bullet wound, gunshot wound, powder burn or any other injury arising from or caused by the discharge of a gun or firearm, and every case of a wound which is likely to or may result in death and is actually or apparently inflicted by a knife, icepick or other sharp or pointed instrument, shall be reported at once to the police authorities of the city, town or village where the person reporting is located by: (a) the physician attending or treating the case; or (b) the manager, superintendent or other person in charge, whenever such case is treated in a hospital, sanitarium or other institution. Failure to make such report is a class A misdemeanor. This subdivision shall not apply to such wounds, burns or injuries received by a member of the armed forces of the United States or the state of New York while engaged in the actual performance of duty.

While the charge of certain wounds to be reported is a misdemeanor, the consequences of a conviction are serious. You may end up spending a year in jail-- away from your family and friends. Once you return you will have to face life with having a criminal record. Furthermore, a conviction may put your professional career at risk. However, there are defenses that may cause the charge to be dropped, reduced or you being acquitted. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with gun crimes, grand larceny, white collar crimes, and other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.