Gunshot Wounds & Stabbings: Who is Required to Report These Injuries (New York Penal Law 265.25)

New York State requires under certain circumstances that specific injuries or wounds must be reported to the police. In fact, pursuant to New York Penal Law section 265.25, failure to report certain wounds by individuals such as an attending or treating physician (mandated reporters) is an “A” misdemeanor punishable by up to one year in jail.

According to New York Penal Law 265.25

Any time an individual is treated at a hospital or medical facility for a wound or injury from a gunshot or bullet (whether it is a grazing, penetration, etc.), that injury must be reported “at once” to local law enforcement. Other injuries that must be reported “at once” include any injury or wound that is likely or may result in death from weapons such as blades, knives or similar objects.

Mandated reporters of these types of injuries include: (a) the physician or doctor attending or treating the case; or (b) another person in charge (regardless if they are a physician or not), whenever the case is treated in a hospital or other institution.

Despite the law above, this statute does not apply to the military and law enforcement where the injury is sustained in the line of duty.

Obviously, failure to report the above injuries may result in an arrest or a conviction. Beyond this immediate problem, however, is the reality that one may also face issues with certification, licensing or employment while the case is pending and if there is a criminal disposition.

Crotty Saland PC is a New York criminal defense firm founded by two former Manhattan prosecutors with experience representing physicians, lawyers, teachers, individuals employed in finance, and other professionals in criminal investigations and arrests.

For further information on crimes involving weapons and violent crime including New York Penal Law sections 265.01, 265.02 and 265.03, please review the New York Weapon Possession section of our website or the New York Weapon Possession section of the New York Criminal Lawyer Blog.

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