Legal Question in Criminal Law in New York

Re: assulted at work

New Yorkers are tough people. Very tough. This is known the world-round. It is even known to Appellate Court judges. That is why we are held to a very high standard.

You see, before the average New Yorker can have someone brought into court on a Misdemeanor Assault charge, he's got to shed a little blood - a lotta blood. Get stitches - a LOT of stitches. See a doctor � a Specialist. We are a resilient breed and as such are expected to put up with a lot more than those in the softer parts of the country.

In what other city do people regularly think about the best method to prevent themselves from being shoved into the path of an oncoming train? Fuggetaboutit! Preventing our own homicide is part of our daily commute! This is a city where flicking on your car�s turn signal is a challenge to other drivers to prevent you from EVER changing lanes again. So it is not likely that your unfortunate encounter will rise to the level of a crime.

The courts have held that in Misdemeanor Assault cases, �mere bruising� is not enough. In practice the standard is surprisingly high.

So, unless you can show some REAL, tangible injury you are unlikely to be able to bring any charges that even rise to the misdemeanor level. And when it is not at least a misdemeanor � it is not a crime. That means that the police are not likely to get involved unless they saw it with their own eyes. A forget about threats. This is the NY way of communicating. Mere words are not enough. A promised ***kicking is the not the same as a delivered ***kicking.

This is the harsh truth of the matter when it comes to NY assaults.

I wish you luck in working out your problems with this cantankerous tenant.

Does anyone want to take on the issue of whether this Landlord has any civil rights to remove the tenant etc.?