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Assault and battery are criminal offenses in New York State, but it is important to note that New York law distinguishes between "assault" and "battery" differently than some other states. In legal terms, New York primarily prosecutes these acts under various degrees of assault, focusing on causing physical injury or intending to do so. Assault involves intentionally or recklessly causing physical harm to another person. Battery, as a separate offense, does not technically exist in New York's penal code - behavior often described as "battery" is generally included under the various degrees of assault.
Legal matters involving assault can be complex and carry severe consequences. Some common situations in which you may need an attorney include:
Having a qualified lawyer can help protect your rights, guide you through complex legal processes, and strive for the best possible outcome in your case.
Assault offenses in New York are mainly covered by Article 120 of the New York Penal Law. The degrees of assault and related terms are as follows:
Penalties for assault offenses may include jail time, probation, fines, orders of protection, and lasting criminal records. New York takes assault cases very seriously, and legal defenses or plea negotiations are best handled by lawyers familiar with local laws.
New York law prosecutes both behaviors under the term "assault." The term "battery" is not used separately in New York's criminal statutes. Any act that causes physical injury or unwanted physical contact would generally fall under degrees of assault.
Penalties vary depending on the degree of assault. They can range from up to one year in jail for a misdemeanor (third degree) to 25 years in prison for a first degree felony. Other consequences might include probation, fines, restitution, and criminal records.
Yes. Attempting or threatening to harm someone, or placing them in fear of imminent injury (menacing), can result in criminal charges even if no physical injury occurs.
Self-defense is a legal defense where you must show you reasonably believed it was necessary to use force to protect yourself or another person from imminent physical harm. The force used must be proportionate to the threat faced.
No. In New York, the decision to prosecute rests with the District Attorney, not the victim. Even if the victim decides not to cooperate, the case can continue if the prosecution believes there is sufficient evidence.
Yes. Victims of assault may be eligible for orders of protection through criminal or family court, and may access support services through local agencies and the New York State Office of Victim Services.
For misdemeanors, the statute of limitations is generally two years from the date of the incident. For most felonies, it is five years, but serious assaults may have longer or no time limit. Always consult an attorney for specific guidance.
If you are arrested, you will be booked and may be held for arraignment. You will have an opportunity to enter a plea, apply for bail, and ask for a lawyer. It is important to exercise your right to remain silent and request counsel immediately.
Yes. Aside from criminal charges, individuals harmed in an assault may sue for damages in civil court for medical costs, lost income, pain and suffering, and punitive damages.
A lawyer can examine the evidence, develop legal defenses, negotiate plea deals, represent you at trial, and pursue favorable sentencing options. Having legal representation helps ensure your rights are protected throughout the process.
If you are involved in a situation relating to assault in New York, it is important to act quickly. Your next steps should include:
Legal matters involving assault can have a significant impact on your life. Getting qualified legal advice as soon as possible can help protect your interests and guide you toward the best resolution for your situation.
