Assault And Battery NYC Lawyer | SRIS, P.C.
Assault And Battery NYC Lawyer — What Are Your Defenses?
An assault and battery NYC charge under New York Penal Law can be a misdemeanor or felony with serious penalties. In New York County (Manhattan), the New York County Supreme Court handles felony assault and battery cases. Law Offices Of SRIS, P.C. provides a strong defense for those facing assault and battery NYC charges, leveraging our understanding of local court procedures and bail reform laws.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Understanding Assault And Battery NYC Charges
In New York, the terms “assault” and “battery” are often used together, but the law primarily defines offenses as “Assault.” There is no standalone crime of “battery.” Assault charges are categorized by the degree of injury caused and the intent of the accused. A simple assault and battery NYC case might involve a minor physical altercation, while aggravated assault involves serious physical injury or the use of a weapon. The specific statute governing these offenses is the New York Penal Law (PEN), with sections detailing the various degrees. Founded in 1997 by former prosecutor Mr. Sris, our firm has the experience to dissect the allegations against you.
Official Legal Resources
For the official text of New York’s assault laws, you can review the New York Penal Law (official NY Senate site). For court-specific procedures in Manhattan, visit the New York County Supreme Court website.
- Secure legal representation immediately after arrest or receiving a Desk Appearance Ticket (DAT).
- Your attorney will obtain and review all police reports, witness statements, and medical records.
- We will challenge the prosecution’s evidence of “physical injury” or “serious physical injury,” which is often subjective.
- Negotiate for a favorable disposition, which may include an Adjournment in Contemplation of Dismissal (ACD) for first-time offenses, a reduction in charges, or a favorable plea agreement.
- Prepare for trial if a just resolution cannot be reached, presenting defenses like self-defense or lack of intent.
Potential Penalties for Assault And Battery NYC
In New York County (Manhattan), assault and battery NYC charges carry penalties ranging from up to one year for misdemeanors to many years in prison for felonies, along with fines and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Assault in the Third Degree (PL § 120.00) | Class A Misdemeanor | Up to 1 year | Up to $1,000 | None | Criminal record, possible immigration consequences, employment difficulties. |
| Assault in the Second Degree (PL § 120.05) | Class D Felony | 2 to 7 years | Up to $5,000 | None | Mandatory prison time likely, felony record, loss of professional licenses, firearm restrictions. |
| Assault in the First Degree (PL § 120.10) | Class B Felony | 5 to 25 years | Up to $5,000 | None | Lengthy mandatory prison sentence, severe lifelong consequences of a violent felony conviction. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Assault And Battery NYC Law Firm
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to every case. We have handled 4,739+ documented case results with a firm-wide favorable outcome rate of over 93%. Our approach is direct and focused on the specific details of your assault and battery NYC case. We understand that New York’s 2020 bail reform means most non-violent charges result in release, but the long-term consequences of a conviction remain severe.
Our Record in Assault And Battery NYC Cases
While specific case counts for assault and battery NYC charges are part of our broader criminal defense practice, our firm-wide record demonstrates our capability. SRIS, P.C. has achieved 4,739+ documented case results across all practice areas with over 93% favorable outcomes. This includes dismissals, acquittals, and charge reductions in criminal cases throughout our service regions.
Results may vary. Prior results do not aim for a similar outcome.
Assault And Battery NYC Lawyer Near Me
Our New York location serves clients at New York County (Manhattan) courts, accessible via FDR Drive, West Side Highway, and all subway lines. We represent individuals across Manhattan, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 348-1900
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24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Assault And Battery NYC FAQ
What is the difference between assault and battery in NYC?
No. New York law does not have a separate crime called “battery.” All offenses involving physical injury or offensive contact are prosecuted under various degrees of “Assault” in the New York Penal Law. An assault and battery NYC attorney can explain how your specific allegations fit into these categories.
Can I go to jail for a first-time assault charge in NYC?
It depends on the degree of assault charged. A first-time Class A misdemeanor assault (3rd degree) carries a possible sentence of up to one year in jail, though alternatives like probation or an ACD are common. Felony assault charges carry mandatory prison time. An experienced assault and battery NYC law firm will fight to avoid incarceration for first-time offenders.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An ACD is a common resolution for first-time, low-level assault and battery NYC cases. The case is adjourned for 6 to 12 months. If you are not arrested during that period, the charges are automatically dismissed and sealed. It is not a conviction. Your attorney can advise if you are eligible.
Is self-defense a valid defense to assault charges in NYC?
Yes. Self-defense is a complete defense if you used a reasonable degree of force to protect yourself from imminent physical injury. The key is proving that your belief of danger was reasonable and your response was proportionate. An assault and battery NYC attorney will gather evidence to support this claim.
Will I be held on bail for an assault charge?
Under New York’s 2020 bail reform, cash bail is eliminated for most misdemeanor and non-violent felony assaults. You will likely be released on your own recognizance or with non-monetary conditions. Bail may still be set for violent felony assaults. Your lawyer can argue for your release at arraignment.
Internal Resources
For more information, visit our New York Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Kings County (Brooklyn). If you are facing other charges, consider our NYC Immigration Lawyer services.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.