Legal Question in Criminal Law in New York
i was arrested for assaulting in third degree when i was at a ball game 2 weeks ago. My best friend spilled beer on me and i got up and without looking at him and looking at the game, i swung my arm to try to slap his shoulders but got him on the face coz i wasn't looking and fractured his jaw. It was an accident and didnt mean to hurt him obviously since he's my best friend. I don't even know if he still wants to be friends after this as i heard he was mad but hopefully he calms down and forgives me. Anyway, my question is, if he doesnt sign that form for cooperation, not sure what it's called, but i believe if he doesnt sign it the case can be dismissed. Is this true and what is it called? Hopefully he doesnt sign it since we're friends. But if he does, is there possiblity that it can still be dismissed?
Oh, he had to get surgery and he has no insurance. I do have liability insurance but not sure if it would cover it. That's another thing that i am not sure about. I am sure he's more mad at the bills and the surery than anything else.
Please advise, thankyou.
1 Answer from Attorneys
The prosecutor brings the case on behalf of the People of the State of New York - not the victim The victim is merely a witness. However, the victim is usually a critical witness and without his or her cooperation it can be difficult for the prosecutor to prove your guilt. However, in your case the prosecutor could proceed without the victim's testimony and present a case based upon the victim's medical records and witness' accounts. It would be difficult, I believe, for the prosecutor to prove your conduct wasn't a mistake or an accident. However, under the NY assault 3 statute, you can be found guilty if you acted intentionally or recklessly. Your conduct could be deemed reckless. Feel free to contact me for more information
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