Legal Question in Criminal Law in New York

For many police officers in the schools, school violence is business as usual. What the officer told you is patently untrue. When I would write up criminal complaints as a new criminal prosecutor almost twenty years ago the test was- and still is - " is there a physical injury" which includes abrasions, lacerations, and swelling. You don't need broken bones or a broken nose. The former is all you need for assault in the third degree, the lowest assault charge in the New York Penal Law. Clearly based on what you're saying, the injuries inflicted on your daughter make that minimal standard if not more. Please go to the police precinct which covers the school with all your pictures and medical evidence and file a criminal complaint against the student perpetrator. You are also of course free to call me at 917-224-5497 Good luck!

Incorrect. Assault Three chages should be filed based upon "substantial pain", even if no bones are broken.