New York Assault Penalties (2026)
Simple assault and aggravated assault charges charges in New York: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing assault charges in New York, consult a licensed New York criminal defense attorney.
New York Assault Penalties
| Offense | Penalty |
|---|---|
| First Offense | Class A misdemeanor: up to 1 year jail, $1,000 fine |
| Second Offense | Class D or E felony: up to 7 years prison |
NY Penal Law §120.00; assault 3rd degree is misdemeanor
Assault Statute of Limitations in New York
In New York, the statute of limitations for assault is generally 5 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in New York.
Defending Against Assault Charges in New York
Common defenses in New York assault cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a New York criminal defense attorney for advice.
Related New York Laws
DUI / DWI
Marijuana Possession
Theft / Larceny
Domestic Violence
Drug Possession
Burglary
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication