Intentional injuries
Assault vs. Battery in New York: Criminal Charges and Civil Claims
People use "assault" and "battery" as if they mean the same thing. In New York they do not, and the difference matters most for one practical reason: a civil claim for assault or battery has a much shorter deadline than an ordinary injury case.
By Michael A. Licatesi · Published · Updated
The short answer
- In a civil case, assault is conduct that puts you in imminent apprehension of harmful contact, and battery is intentional, offensive bodily contact.
- In a criminal case, New York charges physical attacks under the Penal Law's assault provisions; assault in the third degree, for example, requires that someone was actually physically injured.
- A civil lawsuit for assault or battery generally must be started within one year under CPLR 215(3), with exceptions such as extra time after a related criminal case.
- If you are in danger, get to safety and call 911 first. Evidence can wait until you are safe and treated.
This guide explains general New York rules for people who were hurt. It is not legal advice about a specific incident and does not address how to defend a criminal charge.
Two separate systems: the criminal case and your civil claim
The same attack can lead to two different cases. The criminal case is brought by the prosecutor against the person who attacked you. A civil case is one you bring yourself to recover compensation for your injuries. They run on separate tracks, use different definitions and have different deadlines.
Who brings it
Criminal case The prosecutor, on behalf of the State
Civil claim You, as the injured person
What "assault" means
Criminal case Penal Law offenses such as assault in the third degree, which requires physical injury
Civil claim Conduct placing you in imminent apprehension of harmful contact; no contact is required
What "battery" means
Criminal case Criminal attacks are charged under the assault provisions
Civil claim Intentional bodily contact that is offensive in nature
What it can produce
Criminal case A conviction and sentence, and possibly restitution for out-of-pocket loss
Civil claim Money damages for injuries and losses
Deadline
Criminal case Set by criminal procedure law
Civil claim Generally one year for assault and battery (CPLR 215(3)), with exceptions
| Question | Criminal case | Civil claim |
|---|---|---|
| Who brings it | The prosecutor, on behalf of the State | You, as the injured person |
| What "assault" means | Penal Law offenses such as assault in the third degree, which requires physical injury | Conduct placing you in imminent apprehension of harmful contact; no contact is required |
| What "battery" means | Criminal attacks are charged under the assault provisions | Intentional bodily contact that is offensive in nature |
| What it can produce | A conviction and sentence, and possibly restitution for out-of-pocket loss | Money damages for injuries and losses |
| Deadline | Set by criminal procedure law | Generally one year for assault and battery (CPLR 215(3)), with exceptions |
Assault and battery as civil claims
New York appellate courts define the civil claims this way. To recover for assault, "there must be proof of physical conduct placing the plaintiff in imminent apprehension of harmful contact." To recover for battery, "a plaintiff must prove that there was bodily contact, made with intent, and offensive in nature," as the Appellate Division put it in Cotter v Summit Security Services (2005).
In practice, a raised fist swung at you that misses can be an assault, and a punch that lands is typically both. Battery does not require a visible injury, but the damages you can recover depend on the harm you can document, such as medical treatment, lost work and lasting effects.
Assault under the Penal Law
In criminal law, the definitions focus on injury. Under Penal Law 120.00, a person commits assault in the third degree by intentionally causing physical injury to another person, by recklessly causing physical injury, or by causing physical injury with criminal negligence by means of a deadly weapon or dangerous instrument. More serious degrees apply to more serious injuries and circumstances.
The civil definitions above do not require a criminal conviction, and the civil claim is decided in its own case.
Why the label matters: the one-year deadline
CPLR 215(3) gives one year to start a civil action to recover damages for assault or battery. That is much shorter than the three-year period that applies to most personal injury actions under CPLR 214.
- After a criminal case. Under CPLR 215(8), if a criminal action is brought against the same defendant for the same event, you have at least one year from the termination of that criminal action to start the civil case.
- Sexual offenses. CPLR 213-c sets a separate, longer deadline for civil claims based on conduct that would constitute certain listed sexual offenses.
- Calling it negligence does not help. In Peralta-Mera v Streep (2025), the Appellate Division repeated that "New York does not recognize a cause of action alleging negligent assault or battery," and affirmed dismissal of a negligence complaint that described an intentional attack.
Because these rules interact, the safest assumption is that the clock is short. Get the deadline reviewed as early as possible.
Others who may share responsibility
The person who attacked you is not always the only party involved. Depending on the facts, a property owner, landlord, business or employer whose own carelessness contributed to the attack, for example through broken locks or ignored security problems, may also be responsible. Those claims are usually based on negligence rather than assault or battery, and personal injury actions generally follow the three-year period in CPLR 214, unless a shorter public-entity deadline applies.
Our guide to negligent property management explains how owners and managers are held responsible for building conditions.
Step 1
Get safe and get medical care
Call 911 if you are in danger or hurt. Get medical care even if the injuries seem minor, and tell the provider how they happened. Do not confront the person who attacked you or return to the scene to gather evidence.
Step 2
Report the attack and keep records
- Report the incident to the police and ask how to get the report or incident number.
- Write down what happened, who was there and the time, while it is fresh.
- Keep photos of your injuries taken over several days, medical records and bills.
- Note any cameras, witnesses or building staff, and keep messages from or about the attacker.
Step 3
Act before the one-year deadline
Do not wait for the criminal case to finish before getting advice. The civil deadline is short, and any claim against a property owner or a public entity has its own timing rules.
Frequently asked questions
No. In a civil case, assault is conduct that puts you in imminent apprehension of harmful contact, while battery is intentional, offensive bodily contact. In criminal cases, New York charges physical attacks under the Penal Law's assault provisions, which focus on physical injury.
Generally one year under CPLR 215(3). If a criminal action is brought against the same defendant for the same event, CPLR 215(8) gives at least one year from the end of that criminal action. Claims based on certain sexual offenses have a longer deadline under CPLR 213-c.
No. A civil claim is separate from the criminal case. A conviction can be useful evidence, but it is not required, and the civil case uses its own standards.
Possibly, if its own carelessness contributed to the attack, such as ignored security problems. Those claims are usually negligence claims against the owner or business and have different requirements and deadlines than the claim against the attacker.
A criminal court can order restitution or reparation for a victim's actual out-of-pocket loss under Penal Law 60.27. That is separate from a civil claim and does not cover every kind of loss.
Related guides
Sources
- N.Y. CPLR 215 (one-year actions; subdivisions 3 and 8)
- N.Y. CPLR 214 (three-year actions)
- N.Y. CPLR 213-c (certain sexual offenses)
- N.Y. Penal Law 120.00 (assault in the third degree)
- N.Y. Penal Law 60.27 (restitution and reparation)
- Cotter v Summit Sec. Servs., Inc., 14 AD3d 475 (2d Dept 2005)
- Peralta-Mera v Streep, 244 AD3d 878 (2d Dept 2025)
Hurt in an assault?
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