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Assault and battery are common legal terms people use when someone harms or threatens to harm another person. In Buffalo, New York, criminal law is governed by New York State law. New York does not use the word "battery" in its criminal code in the same way some other states do. Instead, what many people call battery is covered by the state assault statutes and related offenses, which criminalize intentionally or recklessly causing physical injury, attempting to cause injury, or placing someone in reasonable fear of imminent physical injury.
There are two broad legal tracks to know about - criminal and civil. Criminal prosecution can lead to arrest, prosecution by the state, and penalties such as fines, probation, or jail or prison. Separately, a victim can bring a civil claim seeking money damages for injuries or losses. Domestic incidents also often involve orders of protection and special procedures in criminal and family courts.
Assault cases can have serious and long-lasting consequences. You may need a lawyer if you are charged with assault, if someone has accused you and there is an open investigation, or if you are the victim considering criminal or civil action. An attorney can explain the charges and potential penalties, evaluate evidence and defenses, negotiate with prosecutors, represent you in court, and protect your rights at every step.
Common situations where legal help is important include:
- You were arrested or you are under investigation for assault-related conduct.
- A restraining order or order of protection has been sought against you, or you need one to protect you or your children.
- You were injured and want to understand civil remedies, insurance options, or how a criminal case may affect a civil suit.
- There are complicating factors such as self-defense claims, use of a weapon, allegations of strangulation, or involvement of minors.
- You face possible immigration consequences, professional licensing issues, or employment impacts if convicted.
Buffalo is in Erie County and follows New York State criminal law. Key points to understand include:
- Definitions and degrees - New York classifies assault offenses by degree depending on the intent, the level of injury, and whether a weapon or strangulation was involved. Penalties increase with more serious harms or aggravating circumstances.
- Elements - To convict for assault, the prosecutor must typically prove beyond a reasonable doubt that the defendant committed the actus reus - the act that caused or threatened harm - and that the act was done with the requisite mental state, such as intent or recklessness.
- Self-defense - New York law recognizes the right to use reasonable force to defend yourself or others. The force must be proportionate to the threat and reasonably necessary under the circumstances. Deadly force is only justified in very limited circumstances, such as when it is necessary to prevent imminent death or serious physical injury.
- Domestic violence - When the alleged victim is a current or former intimate partner, household member, or family member, cases are often handled with additional protections. The court can issue orders of protection, and prosecutors may take a different approach to charging and plea offers.
- Orders of protection - These can be issued by criminal courts and by family courts to restrict contact between parties. Violating an order of protection can result in separate criminal charges.
- Arrest, bail, and arraignment - After arrest, a defendant may be arraigned and held on bail or released on their own recognizance. Prosecutors decide whether to file charges and which charges to file.
- Civil claims and remedies - Victims can file civil suits for assault or intentional torts to recover medical expenses, lost wages, pain and suffering, and other damages. Civil actions proceed independently of criminal cases.
- Victim rights and services - Victims have rights to notice, to be heard at certain proceedings, and to access victim-witness assistance programs provided by the county and the state.
Because many procedural details and potential defenses depend on the exact facts and the precise statutory language, talk with a local criminal defense attorney or victim advocate for advice tailored to your situation.
New York State primarily uses the term "assault" in its criminal statutes. What people often call "battery" - intentional touching that causes injury or offensive contact - is typically prosecuted under assault statutes or related offenses. In practical terms, the focus is on whether the accused caused or attempted to cause physical injury or placed someone in reasonable fear of imminent harm.
If you are arrested, remain calm, exercise your right to remain silent except for identifying information, and request an attorney immediately. Do not make statements about the incident without a lawyer present. Follow booking procedures, attend your arraignment, and consult a criminal defense attorney as soon as possible to discuss bail, charges, and next steps.
Yes. Self-defense is a common and potentially valid defense in New York. To succeed, you generally must show that you reasonably believed force was necessary to defend yourself or another and that the amount of force used was proportionate to the threat. The reasonableness of the belief and the proportionality of the response are fact-specific questions for the court or jury.
No. An arrest is only the start of the process. Prosecutors must prove guilt beyond a reasonable doubt. Cases can be dismissed, charges reduced, or defendants acquitted at trial. Often, the strength and availability of evidence, witness credibility, and the presence of lawful defenses influence the outcome. An experienced lawyer can challenge weak evidence and negotiate with prosecutors.
Penalties depend on the degree of assault and the circumstances of the offense. Lesser assaults may be misdemeanor offenses punishable by fines, probation, or short jail terms. More serious assaults are felonies that can carry significant prison time, larger fines, and long-term consequences like probation and mandatory counseling. Sentencing also considers criminal history and aggravating or mitigating factors.
Yes. Victims can request orders of protection from criminal courts as part of a criminal case and from family courts in certain domestic situations. Orders can limit contact, require the offender to stay away from the victim's home and workplace, and address child custody or possession of personal property in some cases. Violating an order of protection can lead to criminal charges.
Criminal convictions can have serious immigration consequences, including deportation, denial of citizenship, or denial of entry. Certain assault offenses may be considered crimes of moral turpitude or aggravated felonies in immigration law. Noncitizens charged with assault should consult both a criminal defense attorney and an immigration lawyer promptly.
Yes. A victim can bring a civil lawsuit seeking monetary damages for injuries, emotional distress, medical expenses, and lost earnings. Civil cases have a different burden of proof - preponderance of the evidence - which is lower than the criminal standard. Civil lawsuits can proceed regardless of the criminal case outcome, although courts sometimes stay civil actions while criminal charges are active.
Case length varies widely based on complexity, whether charges are felonies or misdemeanors, court backlog, availability of witnesses, plea negotiations, and whether the case goes to trial. Some cases resolve in weeks or months; others may take much longer. Your attorney can give a better timeline based on the specific facts and the local court schedule.
Sealing and expungement options in New York are limited and depend on the offense, the outcome, and changes in law. Some nonviolent misdemeanor records and certain cases may be eligible for sealing under recent reforms, but many convictions remain on a criminal record. Consult a local attorney about eligibility for sealing, vacatur, or other post-conviction relief options.
If you need immediate help because you or someone else is in danger, call 911. For non-emergency legal or victim services, the following types of local and state resources can be helpful - look for the Erie County District Attorney's Office for information about criminal cases, Buffalo Police Department for reporting and investigation, New York State Unified Court System for court procedures, and local victim-witness assistance programs that provide support during prosecution.
Victims of domestic violence should contact local domestic violence hotlines, shelters, and advocacy organizations for safety planning and support. Free or low-cost legal assistance may be available through legal aid organizations and local bar association referral services. If immigration issues are present, seek an immigration attorney in addition to a criminal defense lawyer.
If you or a loved one need legal assistance for an assault-related matter in Buffalo - whether as a defendant, a person under investigation, or a victim - consider the following steps:
- If there is an immediate threat, call 911 and get to a safe location.
- Seek medical attention for any injuries and keep records, photographs, and medical bills as evidence.
- Preserve evidence - save photos, text messages, emails, clothing, and the contact information of witnesses.
- Avoid posting details about the incident on social media. Do not discuss the case with others who might share those statements with law enforcement or the prosecutor.
- If you are a victim, report the incident to the police and ask about victim-witness services and orders of protection.
- If you are accused, exercise your right to remain silent and contact a criminal defense attorney before speaking to police or prosecutors.
- Contact a qualified local attorney - a criminal defense lawyer if you face charges, a civil attorney if you are pursuing damages, and an immigration attorney if you are a noncitizen. Ask about experience with assault cases and local Buffalo or Erie County courts.
- Keep records of all court dates, police reports, medical records, and communications related to the case. Bring these documents to meetings with your lawyer.
This guide is informational and not a substitute for personalized legal advice. Laws and procedures change over time, and local practice can affect outcomes. For advice specific to your situation, consult an attorney licensed in New York who is experienced in assault and related matters.
