New York
New York Assault Laws: Degrees, Felonies and Penalties (2026)
Independently fact-checked against primary sources (last audited October 14, 2026). · 29 primary sources cited on this page. How we verify our legal content
New York does not have a crime called battery. Penal Law article 120 uses one name, assault, for causing physical injury and grades it in three degrees: assault in the third degree (Penal Law 120.00) is a class A misdemeanor, assault in the second degree (120.05) is a class D felony, and assault in the first degree (120.10) is a class B felony. Threats are a separate offense called menacing, and striking or shoving someone with intent to harass, annoy or alarm is harassment in the second degree under Penal Law 240.26, which is classed as a violation. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers New York Penal Law article 120 (assault and menacing), strangulation in the first and second degree (Penal Law 121.12, 121.13), harassment in the second degree (240.26), aggravated family offense (240.75), the definitions in Penal Law 10.00, the sentence and fine sections in Penal Law articles 70 and 80, Criminal Procedure Law 530.11, and the civil filing period in CPLR 215. It does not cover self-defense and justification (see New York self-defense laws), orders of protection (see New York restraining order laws), sex offenses, stalking, vehicular assault, hate-crime provisions, federal assault crimes (see the assault and battery hub) or local laws.
Assault vs. battery in New York
In many states, assault means a threat and battery means the physical attack. New York does not split the offenses that way. Its assault crimes turn on physical injury, and none of the assault or menacing sections in Penal Law article 120 is named battery. Penal Law 120.00 defines the base offense:
"A person is guilty of assault in the third degree when: 1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 2. He recklessly causes physical injury to another person; or 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. Assault in the third degree is a class A misdemeanor."
Conduct that other states call assault or battery is spread across three groups of New York offenses:
- Assault (Penal Law 120.00 to 120.12 and 120.19): causing physical injury or serious physical injury.
- Menacing (Penal Law 120.14, 120.15 and 120.18): placing or trying to place someone in fear of injury or death. Menacing in the third degree applies when a person, "by physical menace," intentionally places or attempts to place another person "in fear of death, imminent serious physical injury or physical injury."
- Harassment in the second degree (Penal Law 240.26(1)): with intent to harass, annoy or alarm, a person "strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same." It is a violation.
The word battery does appear in New York's civil filing deadline. CPLR 215(3) sets the time limit for "an action to recover damages for assault, battery," and the other claims it lists (see the civil lawsuit section below).
New York assault charges and penalties at a glance
| Offense | Statute | What it covers | Class | Statutory penalty range |
|---|---|---|---|---|
| Harassment in the second degree | Penal Law 240.26(1) | With intent to harass, annoy or alarm, striking, shoving, kicking or otherwise subjecting another person to physical contact, or attempting or threatening to | Violation | Up to 15 days in jail; fine up to $250 |
| Menacing in the third degree | Penal Law 120.15 | By physical menace, intentionally placing or attempting to place another in fear of death, imminent serious physical injury or physical injury | Class B misdemeanor | Up to 3 months in jail; fine up to $500 |
| Menacing in the second degree | Penal Law 120.14 | Among other grounds, intentionally placing or attempting to place another in reasonable fear of injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a firearm | Class A misdemeanor | Up to 364 days in jail; fine up to $1,000 |
| Assault in the third degree | Penal Law 120.00 | Causing physical injury with intent; recklessly causing physical injury; or with criminal negligence causing physical injury by a deadly weapon or dangerous instrument | Class A misdemeanor | Up to 364 days in jail; fine up to $1,000 |
| Assault on a retail worker | Penal Law 120.19 | Causing physical injury to a retail worker with intent to prevent the worker from performing an act within the scope of employment, knowing or having reason to know the person is a retail worker | Class E felony | Maximum term up to 4 years |
| Aggravated assault upon a person less than eleven years old | Penal Law 120.12 | A person 18 or older commits assault in the third degree on a child under 11 after a prior conviction for that crime against a child under 11 within the preceding ten years | Class E felony | Maximum term up to 4 years |
| Reckless assault of a child by a child day care provider | Penal Law 120.01 | A child day care provider or employee recklessly causing serious physical injury to a child under 11 in the provider's care | Class E felony | Maximum term up to 4 years |
| Menacing in the first degree | Penal Law 120.13 | Menacing in the second degree after a conviction for menacing in the second degree or menacing a police officer or peace officer within the preceding ten years | Class E felony | Maximum term up to 4 years |
| Aggravated family offense | Penal Law 240.75 | Committing a specified misdemeanor after a conviction for a specified offense within the preceding five years, where the offenses were committed against a member of the same family or household (as defined in Criminal Procedure Law 530.11(1)) | Class E felony | Maximum term up to 4 years |
| Assault in the second degree | Penal Law 120.05 | Serious physical injury with intent; physical injury with intent by a deadly weapon or dangerous instrument; physical injury to listed workers and other protected people | Class D felony | Maximum term up to 7 years |
| Reckless assault of a child | Penal Law 120.02 | A person 18 or older recklessly causing serious physical injury to the brain of a child under five by shaking the child, or by slamming or throwing the child so the head hits a hard surface or object | Class D felony | Maximum term up to 7 years |
| Strangulation in the second degree | Penal Law 121.12 | Criminal obstruction of breathing or blood circulation that causes stupor, loss of consciousness, or any other physical injury or impairment | Class D felony | Maximum term up to 7 years |
| Menacing a police officer or peace officer | Penal Law 120.18 | Intentionally placing or attempting to place an officer in reasonable fear of injury or death by displaying a deadly weapon, knife or firearm, whether operable or not, among the items listed | Class D felony | Maximum term up to 7 years |
| Strangulation in the first degree | Penal Law 121.13 | Criminal obstruction of breathing or blood circulation that causes serious physical injury | Class C felony | Maximum term up to 15 years |
| Gang assault in the second degree | Penal Law 120.06 | With intent to cause physical injury, and aided by two or more other persons actually present, causing serious physical injury | Class C felony | Maximum term up to 15 years |
| Assault on a peace officer, police officer, firefighter or emergency medical services professional | Penal Law 120.08 | Causing serious physical injury with intent to prevent the officer, firefighter, paramedic or technician from performing a lawful duty | Class C felony | Maximum term up to 15 years |
| Assault on a judge | Penal Law 120.09 | Causing serious physical injury with intent to prevent a judge from performing official judicial duties | Class C felony | Maximum term up to 15 years |
| Assault in the first degree | Penal Law 120.10 | Serious physical injury with intent by a deadly weapon or dangerous instrument; intent to disfigure or disable permanently; depraved indifference; serious physical injury during a felony | Class B felony | Maximum term up to 25 years |
| Gang assault in the first degree | Penal Law 120.07 | With intent to cause serious physical injury, and aided by two or more other persons actually present, causing serious physical injury | Class B felony | Maximum term up to 25 years |
| Aggravated assault upon a police officer or a peace officer | Penal Law 120.11 | With intent to cause serious physical injury to a known officer performing official duties, causing that injury by a deadly weapon or dangerous instrument | Class B felony | Maximum term up to 25 years |
The ranges come from New York's sentencing sections. For a class A misdemeanor, Penal Law 70.15(1) says the jail term "shall not exceed three hundred sixty-four days," Penal Law 70.15(2) caps a jail sentence for a class B misdemeanor at three months, and Penal Law 70.15(4) caps a jail sentence for a violation at fifteen days. Penal Law 80.05 caps fines at $1,000 for a class A misdemeanor, $500 for a class B misdemeanor and $250 for a violation.
For felonies, Penal Law 70.00(2) sets the longest term the court may fix for each class: 25 years for a class B felony, 15 for class C, 7 for class D and 4 for class E. Penal Law 70.02(3) sets separate determinate ranges for felonies it designates as violent felony offenses; for example, a class D violent felony carries a term of at least two years and no more than seven. A felony fine may not exceed the higher of $5,000 or double the defendant's gain from the crime (Penal Law 80.00(1)). These figures are statutory maximums.
When is assault a felony in New York?
Assault in the third degree is a misdemeanor. Assault becomes a felony under Penal Law 120.05 (second degree, class D) when, among other subdivisions, a person:
- "With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person" (120.05(1)); or
- "With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument" (120.05(2)); or
- causes physical injury to one of the protected workers or other people listed in the section (see below).
Subdivision 7 also covers a person who, while confined in a correctional facility on a criminal charge or conviction, causes physical injury with intent to cause physical injury.
Assault in the first degree (Penal Law 120.10, class B) applies when a person, with intent to cause serious physical injury, causes it "by means of a deadly weapon or a dangerous instrument"; acts with intent to disfigure someone "seriously and permanently" or to destroy, amputate or permanently disable a member or organ, and causes such injury; "under circumstances evincing a depraved indifference to human life" recklessly engages in conduct creating a grave risk of death and thereby causes serious physical injury; or causes serious physical injury to a non-participant in the course of a felony or immediate flight from it.
The lowest felony grade in article 120 is class E. Assault on a retail worker (120.19), aggravated assault upon a person less than eleven years old (120.12), reckless assault of a child by a child day care provider (120.01) and menacing in the first degree (120.13) are class E felonies, as is aggravated family offense (240.75). For an assault on an adult outside a listed victim class, the felony threshold is assault in the second degree.
Physical injury, serious physical injury and weapons
The grade of a New York assault often depends on how badly someone was hurt and what was used. Penal Law 10.00 defines the terms:
- Physical injury: "impairment of physical condition or substantial pain" (10.00(9)).
- Serious physical injury: "physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ" (10.00(10)).
- Deadly weapon: "any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles" (10.00(12)).
- Dangerous instrument: "any instrument, article or substance, including a 'vehicle' as that term is defined in this section, which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury" (10.00(13)).
The deadly weapon definition is a closed list, while the dangerous instrument definition turns on how an object is used, so an ordinary object can qualify as a dangerous instrument when used in a way readily capable of causing death or serious physical injury.
New York's highest court has addressed where pain becomes physical injury. In People v. Chiddick, 8 N.Y.3d 445 (2007), the Court of Appeals wrote that "substantial pain" cannot be defined precisely, "but it can be said that it is more than slight or trivial pain. Pain need not, however, be severe or intense to be substantial."
Assaulting a police officer, nurse, teacher or other protected worker
Several subdivisions of Penal Law 120.05 make it a class D felony to cause physical injury, not just serious physical injury, to people in listed jobs or groups. The statute names them one by one.
Public safety, health and other officials (120.05(3)). The subdivision applies to a person who acts:
"With intent to prevent a peace officer, a police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforcement agent or employee of any entity governed by the public service law in the course of performing an essential service, from performing a lawful duty"
and causes physical injury to that person. The intent element matters: the subdivision requires intent to prevent the person from performing a lawful duty.
Direct patient care employees (120.05(3-c)). The section also protects an employee providing direct patient care who is not a nurse and "whose principal employment responsibility is to carry out direct patient care" in a hospital, nursing home, residential health care facility or other facility listed under article twenty-eight of the Public Health Law, again with intent to prevent the employee from performing a lawful duty.
School employees and students (120.05(10)). It is assault in the second degree when a person, "acting at a place the person knows, or reasonably should know, is on school grounds and with intent to cause physical injury," causes injury to "an employee of a school or public school district," or, not being a student of that school or district, causes physical injury to a student "who is attending or present for educational purposes."
Transit workers and others performing an assigned duty (120.05(11)). The subdivision covers causing physical injury, with intent to cause physical injury, to a train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner, terminal cleaner, station customer assistant or traffic checker employed by a transit or commuter rail agency, authority or company, among others, as well as listed officials such as city marshals, school crossing guards, traffic enforcement officers and agents, prosecutors, sanitation workers, nurses and emergency medical service paramedics and technicians, "while such employee is performing an assigned duty."
Process servers (120.05(14)). It covers causing physical injury to a process server with intent to prevent or obstruct the server from performing a lawful duty under article three of the Civil Practice Law and Rules, or intentionally in retaliation for that work.
Older people and children. Subdivision 12 applies when a person, with intent to cause physical injury to someone "sixty-five years of age or older," causes that injury, "and the actor is more than ten years younger than such person." Subdivisions 8 and 9 apply to a defendant 18 or older who, with intent to cause physical injury, recklessly causes serious physical injury to a child under eleven, or causes physical injury to a child under seven.
Separate sections reach more serious injuries to some of these groups:
- Assault on a peace officer, police officer, firefighter or emergency medical services professional (Penal Law 120.08): causing serious physical injury with intent to prevent a lawful duty, a class C felony.
- Assault on a judge (Penal Law 120.09): causing serious physical injury with intent to prevent official judicial duties, a class C felony.
- Aggravated assault upon a police officer or a peace officer (Penal Law 120.11): with intent to cause serious physical injury to a person the actor "knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his official duties," causing that injury by a deadly weapon or dangerous instrument, a class B felony.
- Menacing a police officer or peace officer (Penal Law 120.18): a class D felony when a person displays a deadly weapon, knife or firearm, "whether operable or not," among the listed items, to place an officer in reasonable fear of injury or death.
- Assault on a retail worker (Penal Law 120.19): causing physical injury to a retail worker with intent to prevent an act within the scope of the worker's employment, when the person "knew or reasonably should have known that such individual was a retail worker," a class E felony.
Domestic assault in New York
Article 120 has no separate domestic assault offense. Instead, New York gives certain offenses between family or household members a second forum. Under Criminal Procedure Law 530.11(1), the Family Court and the criminal courts "shall have concurrent jurisdiction" over proceedings concerning acts that would constitute offenses including harassment in the second degree, menacing in the second and third degree, strangulation, criminal obstruction of breathing or blood circulation, assault in the second and third degree and attempted assault, when they occur "between spouses or former spouses, or between parent and child or between members of the same family or household," among the other relationships the section covers.
Two provisions often come up in these cases. Strangulation in the second degree (Penal Law 121.12) is a class D felony when criminal obstruction of breathing or blood circulation "causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment." Strangulation in the first degree (Penal Law 121.13), when the obstruction causes serious physical injury, is a class C felony. Aggravated family offense (Penal Law 240.75) is a class E felony when a person commits a misdemeanor listed in the section as a specified offense and "has been convicted of one or more specified offenses within the immediately preceding five years," where the offenses were committed against a member of the same family or household (as defined in Criminal Procedure Law 530.11(1)).
For orders of protection, see New York restraining order laws. Federal law, 18 U.S.C. 922(g)(9), separately makes it unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition in or affecting commerce; the assault and battery hub explains that rule.
Civil lawsuits for assault and battery in New York
A criminal case and a civil lawsuit are separate. The state prosecutes the criminal charge, while a person who was hurt may sue for money damages in a civil action.
New York's filing window for these claims is short. CPLR 215(3) provides that "an action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander, false words causing special damages, or a violation of the right of privacy under section fifty-one of the civil rights law" must be commenced within one year. Two provisions of the same section can extend it: an action to recover damages for injury arising from domestic violence must be commenced within two years (CPLR 215(9)), and when a criminal action against the same defendant has been commenced over the same event, the plaintiff has at least one year from the termination of the criminal action to sue (CPLR 215(8)(a)). For other deadlines, see the New York statute of limitations guide.
Related legal issues
- Self-defense. Justification is a separate body of law; see New York self-defense laws.
- Orders of protection. See New York restraining order laws.
- Clearing a record. Whether an assault conviction can be sealed is covered in New York expungement laws.
Related pages
- Assault and battery laws by state
- New York self-defense laws
- New York restraining order laws
- New York expungement laws
- New York statute of limitations
- New Jersey assault and battery laws
- Pennsylvania assault and battery laws
This article provides general legal information about New York assault law, not legal advice. Laws change and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in New York.
Last updated: 2026-10-13.
Frequently Asked Questions
Is there a difference between assault and battery in New York?
New York has no criminal offense called battery. Penal Law article 120 calls causing physical injury assault, threats of injury are menacing, and unwanted physical contact with intent to harass is harassment in the second degree under Penal Law 240.26.
Is assault a felony in New York?
Assault in the third degree (Penal Law 120.00) is a class A misdemeanor. Assault in the second degree (120.05) is a class D felony, assault in the first degree (120.10) is a class B felony, and assault on a retail worker (120.19) is a class E felony.
What is the penalty for assault in the third degree in New York?
It is a class A misdemeanor. Penal Law 70.15(1) caps the jail sentence at 364 days and Penal Law 80.05(1) caps the fine at $1,000.
What is assault in the second degree in New York?
Under Penal Law 120.05 it includes causing serious physical injury with intent to do so, causing physical injury with intent by means of a deadly weapon or dangerous instrument, and causing physical injury to listed workers such as police officers, nurses and transit workers. It is a class D felony with a maximum term of up to 7 years.
What happens if you assault a police officer in New York?
Causing physical injury with intent to prevent a police or peace officer from performing a lawful duty is assault in the second degree, a class D felony (Penal Law 120.05(3)). Causing serious physical injury is a class C felony under 120.08, and causing serious physical injury with a deadly weapon or dangerous instrument to a known officer on duty is a class B felony under 120.11.
Is assaulting a nurse a felony in New York?
Yes, when the elements are met. Penal Law 120.05(3) makes it assault in the second degree, a class D felony, to cause physical injury to a registered nurse or licensed practical nurse with intent to prevent the nurse from performing a lawful duty, and 120.05(3-c) covers non-nurse direct patient care employees in listed health facilities.
Is pushing someone assault in New York?
Assault requires physical injury. Shoving, striking or kicking someone with intent to harass, annoy or alarm, without that element, falls under harassment in the second degree (Penal Law 240.26(1)), a violation with up to 15 days in jail and a fine of up to $250.
Is choking someone a felony in New York?
Strangulation in the second degree (Penal Law 121.12) is a class D felony. It applies when criminal obstruction of breathing or blood circulation, defined in 121.11, causes stupor, loss of consciousness for any period, or any other physical injury or impairment. Strangulation in the first degree (Penal Law 121.13), when the obstruction causes serious physical injury, is a class C felony.
What counts as physical injury in New York?
Penal Law 10.00(9) defines physical injury as impairment of physical condition or substantial pain. In People v. Chiddick (2007), the Court of Appeals said substantial pain is more than slight or trivial pain but need not be severe or intense.
How long do you have to sue for assault in New York?
CPLR 215(3) requires an action to recover damages for assault or battery to be commenced within one year. Two provisions of the same section can extend it: an action to recover damages for injury arising from domestic violence must be commenced within two years (CPLR 215(9)), and when a criminal action against the same defendant has been commenced over the same event, the plaintiff has at least one year from the termination of the criminal action to sue (CPLR 215(8)(a)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Penal Law
§ 120.00Assault in the third degreeIn force
Assault in the third degree. A person is guilty of assault in the third degree when: 1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 2. He recklessly causes physical injury to another person; or 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. Assault in the third degree is a class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 120.05Assault in the second degreeIn force
Assault in the second degree. A person is guilty of assault in the second degree when: 1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or 2. With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or 3. With intent to prevent a peace officer, a police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such firefighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emergency department, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer,…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 120.10Assault in the first degreeIn force
Assault in the first degree. A person is guilty of assault in the first degree when: 1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or 2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or 3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or 4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants. Assault in the first degree is a class B felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 120.19Assault on a retail workerIn force
Assault on a retail worker. 1. A person is guilty of assault on a retail worker when, with the intent to prevent a retail worker from performing an act within the scope of such worker's employment, such person causes physical injury to such retail worker and the person knew or reasonably should have known that such individual was a retail worker. 2. For the purposes of this section: a. "Retail worker" shall mean any person whose usual place of work is a retail establishment. This shall include, but is not limited to, an employee of the retail establishment, an owner of the retail establishment, or a person who works in the retail establishment under arrangements made between the person and the establishment. b. "Retail establishment" shall mean any physical business or commercial entity engaged in the sale of goods, merchandise, or services directly to consumers. Assault on a retail worker is a class E felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 240.26Harassment in the second degreeIn forcecited in 2 of our articles
Harassment in the second degree. A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or 2. He or she follows a person in or about a public place or places; or 3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. Subdivisions two and three of this section shall not apply to activities regulated by the national labor relations act, as amended, the railway labor act, as amended, or the federal employment labor management act, as amended. Harassment in the second degree is a violation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 1,060 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Sylla (Appellate Terms of the Supreme Court of New York 2005, 7 Misc. 3d 8)“…e (Penal Law § 120.15) and harassment in the second degree (Penal Law § 240.26 [1]). Defendant did not challenge the s…”
- The People v. Kaity Marshall (New York Court of Appeals 2015, 26 N.Y.3d 495)“…aw §§ 120.14, 120.15), and Harassment in the Second Degree (Penal Law § 240.26 [1]). Eighteen months after the bu…”
- People v. Payton (Criminal Court of the City of New York 1994, 161 Misc. 2d 170)“…uct” is not specifically defined in the Penal Law. However, Penal Law § 240.26 (3), harassment in the second degree (P…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Laws on Recording in Public: Rights, Limits, and Privacy Rules
§ 121.12Strangulation in the second degreeIn force
Strangulation in the second degree. A person is guilty of strangulation in the second degree when he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, and thereby causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment. Strangulation in the second degree is a class D felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 240.75Aggravated family offenseIn force
Aggravated family offense. 1. A person is guilty of aggravated family offense when he or she commits a misdemeanor defined in subdivision two of this section as a specified offense and he or she has been convicted of one or more specified offenses within the immediately preceding five years. For the purposes of this subdivision, in calculating the five year period, any period of time during which the defendant was incarcerated for any reason between the time of the commission of any of such previous offenses and the time of commission of the present crime shall be excluded and such five year period shall be extended by a period or periods equal to the time served under such incarceration. 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 10.00Definitions of terms of general use in this chapterIn force
Definitions of terms of general use in this chapter. Except where different meanings are expressly specified in subsequent provisions of this chapter, the following terms have the following meanings: 1. "Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision of this state, or by any order, rule or regulation of any governmental instrumentality authorized by law to adopt the same. 2. "Traffic infraction" means any offense defined as "traffic infraction" by section one hundred fifty-five of the vehicle and traffic law. 3. "Violation" means an offense, other than a "traffic infraction," for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed. 4. "Misdemeanor" means an offense, other than a "traffic infraction," for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed. 5. "Felony" means an offense for which a sentence to a term of imprisonment in excess of one year may be imposed. 6.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 70.00Sentence of imprisonment for felonyIn forcecited in 7 of our articles
Sentence of imprisonment for felony. * 1. Indeterminate sentence. Except as provided in subdivisions four, five and six of this section or section 70.80 of this article, a sentence of imprisonment for a felony, other than a felony defined in article two hundred twenty or two hundred twenty-one of this chapter, shall be an indeterminate sentence. When such a sentence is imposed, the court shall impose a maximum term in accordance with the provisions of subdivision two of this section and the minimum period of imprisonment shall be as provided in subdivision three of this section. * NB Effective until September 1, 2027 * 1. Indeterminate sentence. Except as provided in subdivisions four and five of this section or section 70.80 of this article, a sentence of imprisonment for a felony, other than a felony defined in article two hundred twenty or two hundred twenty-one of this chapter, shall be an indeterminate sentence. When such a sentence is imposed, the court shall impose a maximum term in accordance with the provisions of subdivision two of this section and the minimum period of imprisonment shall be as provided in subdivision three of this section.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 760 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Taylor (New York Court of Appeals 2007, 9 N.Y.3d 129)“…automatically results in a sentence of life without parole (Penal Law § 70.00 [3] [a] [i]; §§ 60.06, 70.00 [5]). [4]…”
- People v. Sparber (New York Court of Appeals 2008, 10 N.Y.3d 457)“…nsequence of his plea and status as a second violent felon, Penal Law § 70.00 (6) and § 70.45 (1) and (2) required de…”
- People v. Rivera (New York Court of Appeals 2005, 5 N.Y.3d 61)“…hich carries a maximum sentence of four years imprisonment (Penal Law § 70.00 [2] [e]). The People moved for a persis…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: First, Second, and Third Degree Murder: Key Differences, Manslaughter Degrees Explained: First, Second, and Third, New York Smart Glasses Recording Laws 2026
§ 70.02Sentence of imprisonment for a violent felony offenseIn force
Sentence of imprisonment for a violent felony offense. 1. Definition of a violent felony offense. A violent felony offense is a class B violent felony offense, a class C violent felony offense, a class D violent felony offense, or a class E violent felony offense, defined as follows: (a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, a crime formerly defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75, assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 70.15Sentences of imprisonment for misdemeanors and violationIn forcecited in 4 of our articles
Sentences of imprisonment for misdemeanors and violation. 1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed three hundred sixty-four days. 1-a. (a) Notwithstanding the provisions of any other law, whenever the phrase "one year" or "three hundred sixty-five days" or "365 days" or any similar phrase appears in any provision of this chapter or any other law in reference to the definite sentence or maximum definite sentence of imprisonment that is imposed, or has been imposed, or may be imposed after enactment of this subdivision, for a misdemeanor conviction in this state, such phrase shall mean, be interpreted and be applied as three hundred sixty-four days. (b) The amendatory provisions of this subdivision are ameliorative and shall apply to all persons who are sentenced before, on or after the effective date of this subdivision, for a crime committed before, on or after the effective date of this subdivision.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 209 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Janvier (Appellate Division of the Supreme Court of the State of New York 2020, 186 A.D.3d 1247)“…n note that the New York State Legislature recently amended Penal Law § 70.15. The amendment requires that one-year o…”
- People v. Archer (Appellate Division of the Supreme Court of the State of New York 1986, 121 A.D.2d 730)“…e Governor approved the Laws of 1984 (ch 673) which amended Penal Law § 70.15 (1) so that, inter alia, the maximum…”
- People v. Kirkland (New York Supreme Court 1986, 131 Misc. 2d 487)“…The so-called "Misdemeanor Reclassification Act” amended Penal Law § 70.15 and CPL 340.40 and added a new section…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Queens Council Candidate Charged With Forgery Over AI-Faked Endorsements, New York Restraining Order Laws (2026): Orders of Protection Explained, New York AI Meeting Recording Laws (2026)
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Sources and References
- N.Y. Penal Law 120.00, Assault in the third degree(www.nysenate.gov).gov
- N.Y. Penal Law 120.05, Assault in the second degree(www.nysenate.gov).gov
- N.Y. Penal Law 120.10, Assault in the first degree(www.nysenate.gov).gov
- N.Y. Penal Law 240.26, Harassment in the second degree(www.nysenate.gov).gov
- N.Y. Penal Law 120.15, Menacing in the third degree(www.nysenate.gov).gov
- N.Y. Penal Law 120.14, Menacing in the second degree(www.nysenate.gov).gov
- N.Y. Civil Practice Law and Rules 215, Actions to be commenced within one year(www.nysenate.gov).gov
- N.Y. Penal Law 120.19, Assault on a retail worker(www.nysenate.gov).gov
- N.Y. Penal Law 120.12, Aggravated assault upon a person less than eleven years old(www.nysenate.gov).gov
- N.Y. Penal Law 240.75, Aggravated family offense(www.nysenate.gov).gov
- N.Y. Penal Law 121.12, Strangulation in the second degree(www.nysenate.gov).gov
- N.Y. Penal Law 120.18, Menacing a police officer or peace officer(www.nysenate.gov).gov
- N.Y. Penal Law 120.06, Gang assault in the second degree(www.nysenate.gov).gov
- N.Y. Penal Law 120.08, Assault on a peace officer, police officer, firefighter or emergency medical services professional(www.nysenate.gov).gov
- N.Y. Penal Law 120.09, Assault on a judge(www.nysenate.gov).gov
- N.Y. Penal Law 120.11, Aggravated assault upon a police officer or a peace officer(www.nysenate.gov).gov
- N.Y. Penal Law 70.15, Sentences of imprisonment for misdemeanors and violation(www.nysenate.gov).gov
- N.Y. Penal Law 80.05, Fines for misdemeanors and violation(www.nysenate.gov).gov
- N.Y. Penal Law 70.00, Sentence of imprisonment for felony(www.nysenate.gov).gov
- N.Y. Penal Law 70.02, Sentence of imprisonment for a violent felony offense(www.nysenate.gov).gov
- N.Y. Penal Law 80.00, Fine for felony(www.nysenate.gov).gov
- N.Y. Penal Law 10.00, Definitions of terms of general use(www.nysenate.gov).gov
- People v. Chiddick, 8 N.Y.3d 445 (2007)(www.courtlistener.com)
- N.Y. Criminal Procedure Law 530.11, Family offense procedures(www.nysenate.gov).gov
- 18 U.S.C. 922(g)(9), Firearm possession after a misdemeanor crime of domestic violence conviction(www.govinfo.gov).gov
- N.Y. Penal Law 120.07, Gang assault in the first degree(www.nysenate.gov).gov
- N.Y. Penal Law 120.13, Menacing in the first degree(www.nysenate.gov).gov
- N.Y. Penal Law 120.02, Reckless assault of a child(www.nysenate.gov).gov
- N.Y. Penal Law 120.01, Reckless assault of a child by a child day care provider(www.nysenate.gov).gov
- N.Y. Penal Law 121.13, Strangulation in the first degree(www.nysenate.gov).gov
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