How to Sue Someone for Assault and Battery in New York

In New York, the crime of assault is defined under Article 120 of the New York Penal Law. Assault is defined as the intentional infliction of physical injury by one individual on another. The seriousness of injury and the intent with which the assault was made are critical in determining the specific assault crime with which a perpetrator may be charged.

Criminal assault in New York can be charged in degrees, with first-degree assault being the most serious. First-degree assault is a Class B felony in New York and is punishable by a maximum of 25 years in prison. First-degree assault consists of causing serious physical injury to another individual with a deadly weapon or dangerous instrument. It can also consist of intentionally disfiguring a victim or causing permanent injury to a part of the victim’s body.

Second-degree assault is a Class D felony and is punishable by a maximum of 7 years in prison. Second-degree assault consists of intentionally causing physical injury to a victim with a deadly weapon or dangerous instrument, or intentionally causing serious physical injury to a victim.

Third-degree assault, the least severe form of assault in New York, is classified as a Class A misdemeanor. This offense carries a potential sentence of up to 1 year in jail. Third-degree assault involves intentionally or recklessly causing physical injury to another person, or negligently causing physical injury to someone with some type of weapon.

There is actually no specific criminal offense of “battery” in New York. What is considered battery in most states comes within the definition of criminal “assault” in New York. In other words, if an individual intentionally or recklessly causes physical injury to another person, they may be charged with assault, regardless of whether they used a weapon or not. A local New York attorney would be able to provide more information about New York law.

Some examples of assault in New York would be the following:

• Punching another individual
• Striking someone with a weapon, such as a bat or a bottle
• Pushing or shoving a victim in a way that causes physical harm to the victim.
• Slapping or striking someone with an open hand or fist.

Per assault and battery laws in some states, assault is the crime of threatening harm to another and battery is the crime of having offensive contact with another. This is not the case in New York. In New York, there is only the crime of assault.

What Can I Do if I Am a Victim of an Assault and Battery?

An individual who is the victim of an intentional assault should contact law enforcement. Depending on the circumstances, a person may want to call 911 to get an immediate law enforcement response. They would then want to cooperate with law enforcement in its investigation of the incident and with the prosecution if it decides to charge the perpetrator with a crime.

Again, depending on the circumstances, an individual may decide to file a civil lawsuit naming an individual as the defendant and alleging that they committed an assault or battery per the personal injury laws in New York. They would seek the payment of compensation for their losses.

In New York civil law, civil “assault” is referred to as the attempted battery, that is an attempt to inflict physical harm on the victim, or an attempt to touch them in a way that is non-consensual. The victim of an assault crime can file a civil lawsuit against the perpetrator to recover compensation. In a New York civil assault case, the victim does not have to claim that they suffered physical harm or that physical injury resulted from the assault.

Of course, a victim of assault or battery would file a civil lawsuit only if they suffered a significant injury as opposed to one that is relatively minor. They would also want to know that the defendant has the assets and/or insurance to fund the payment of compensatory damages in the amount the victim needs. A lawyer consultation would help an individual figure out if a lawsuit makes sense in a given situation.

Often, the victim of a criminal assault or battery does not name the perpetrator as a defendant in a civil lawsuit, because the perpetrator does not have any assets with which to pay damages. Personal injury settlements are very unlikely in these cases.

What Should I Do if I Have Been Charged With Assault and Battery?

If an individual has been charged with criminal assault, they need to consult a New York criminal defense attorney. An attorney can review the facts of the case and the criminal charges and advise the individual on how to proceed.

If a person has been sued in a civil lawsuit for assault and/or battery, they need to consult a New York personal injury attorney. A personal injury attorney can help a person identify whether they have insurance coverage that might provide them with an attorney to defend them in the lawsuit and otherwise cover the costs of their defense.

What Is The Difference Between Assault and Battery in New York State?

As noted above, there is really no criminal offense of battery in New York state. There is only the criminal offense of assault in various degrees.

Civil assault is an attempted battery, whereas civil battery involves actual offensive or even harmful contact by a perpetrator with a victim.

What Are Some Civil and Criminal Defenses to an Assault and Battery Charge?

Defenses to allegations of civil assault and/or battery would probably focus on the fact that these are intentional torts. A civil defendant could deny that they acted intentionally or wilfully and claim that the contact was accidental. A civil defendant could claim that they acted in self defense. They could also claim that they are only partly liable and others are liable also.

If an individual has been charged with criminal assault in New York, the following defense strategies would be available to them:

• Challenge the Prosecution’s Evidence: The defense should always challenge the believability of the prosecution’s evidence. The goal would be to persuade the judge or jury that the prosecution has not proven that the defendant is guilty beyond a reasonable doubt.
• Self-defense: The perpetrator can argue that they acted in self-defense. They must be able to prove that they had a reasonable belief that they were in danger and had to use force to protect themselves.
• Defense of Others: The perpetrator can claim that they acted in defense of someone else to protect them from harm.
• Mistaken Identity: Depending on how the perpetrator was identified as the culprit in a given situation, they might be able to claim that they were identified mistakenly and are not the perpetrator of the crime.
• The Alibi Defense: A defendant can claim that they did not commit the crime and can prove that they were somewhere else doing something else entirely when the offense was committed.

What Is the Statute of Limitations for Assault and Battery Charge?

The statute of limitations for civil assault or civil battery is 1 year from the act. The statute of limitations for criminal assault is from 2 to 5 years depending on the specific facts of a particular case.

Should I Hire an Attorney for Help With Assault and Battery Claims?

If you have been the victim of an assault or battery, you want to talk to a New York personal injury attorney. LegalMatch.com can put you in touch with an attorney who can guide you to law enforcement, if that is indicated by the facts. Or, if your case is one in which a civil lawsuit would be appropriate, your lawyer can guide you through that process to claim monetary damages.

If you have been sued for assault and battery or charged with criminal assault, you also want to talk to an experienced New York lawyer. You need a New York criminal defense attorney if you have been charged with criminal assault.