New York Assault & Battery Attorneys: Protecting Your Rights

A violent attack can leave lasting emotional, physical, and financial scars. In New York, victims of assault and battery don’t need to wait for the criminal justice system to act; you can file a civil lawsuit to seek compensation and accountability. At Morgan & Morgan, we fight for survivors across New York City and beyond, helping them stand up to those who have caused them harm.

Understanding Assault in New York

New York law classifies assault according to the severity of harm caused and the assailant's intent. The three primary degrees include:

• Third-Degree Assault (Simple Assault): This misdemeanor involves intentionally causing physical injury to another person. For example, punching someone during a fight may qualify as third-degree assault.
• Second-Degree Assault: A Class D felony that occurs when someone intends to cause serious harm or uses a dangerous instrument to inflict injury. Even if serious harm doesn't happen, the intent alone can elevate the charge.
• First-Degree Assault: The most serious classification, this Class B felony involves the use of a deadly weapon or intent to disfigure, maim, or cause permanent injury. It carries a minimum sentence of five years in prison.

These are criminal charges prosecuted by the state, but victims also have the right to pursue justice through civil court.

Filing a Civil Lawsuit for Assault and Battery

If you were assaulted in New York, you may be eligible to file a personal injury lawsuit regardless of whether your attacker was arrested, charged, or convicted. Civil lawsuits require a lower burden of proof than criminal cases, which means you may still be able to hold the perpetrator accountable even if prosecutors don’t pursue charges.

To succeed in a civil assault or battery claim, you must prove two elements:

• Intent: The attacker acted with the purpose of causing harm or offensive contact.
• Physical Contact: The assailant made bodily contact or caused injury.

Police reports, medical records, surveillance footage, and eyewitness testimony can all strengthen your case. Additionally, expert witnesses may be used to explain the long-term emotional and physical impact of the incident.

Types of Assault & Battery Cases We Handle

Morgan & Morgan represents clients across a wide range of assault-related civil claims, including:

• Bar fights and altercations in public spaces
• Domestic violence cases
• Sexual or physical abuse
• Workplace violence or harassment
• School or institutional negligence

Whether your case involves an individual, a business, or a negligent third party, we’re here to investigate what happened and fight for full compensation.

Recoverable Damages in a New York Assault Case

You may be entitled to both economic and non-economic damages, including:

• Medical expenses (past and future)
• Lost wages and reduced earning capacity
• Therapy or rehabilitation costs
• Pain and suffering
• Emotional distress

In some cases, punitive damages may also be awarded to punish particularly egregious conduct.

Statute of Limitations for Assault Civil Claims in NY

In New York, the statute of limitations for filing a civil assault or battery lawsuit is typically one year from the date of the incident. However, if your claim is tied to other personal injury elements (like emotional distress or negligence), a longer deadline may apply. It’s crucial to speak with an attorney as soon as possible so evidence doesn’t fade and your case stays within legal timeframes.

What to Do After an Assault in NYC

After experiencing assault, prioritize your safety and seek medical attention. If possible:

• File a police report
• Take photographs of injuries
• Preserve any communications with the assailant
• Avoid speaking to the opposing party’s insurance company
• Contact an experienced personal injury attorney

Taking these steps can help protect your rights and ultimately strengthen your case.

How Morgan & Morgan Supports Assault Victims

At Morgan & Morgan, we understand that taking legal action after an assault is deeply personal and often retraumatizing. That’s why our attorneys offer trauma-informed, compassionate representation. We work closely with victim advocates and support networks to ensure you feel heard, protected, and empowered throughout your case.

Our firm takes assault and battery cases on a contingency fee basis, meaning you pay nothing unless we win. We also help clients access medical care and support services while their case is ongoing.

Why Choose a Local NYC Assault Attorney

New York laws are specific and complex. By working with a local attorney who understands NYC court systems, jury expectations, and neighborhood dynamics, you can gain a crucial edge in your case. At Morgan & Morgan, our attorneys have deep roots in the community and a national network of resources behind them.

Get the Legal Representation You Deserve

If you were assaulted or battered in New York City, you deserve accountability and compensation. Let Morgan & Morgan help you take the next step. We offer free case evaluations and never charge upfront fees. Contact us today to discover how we can assist you in moving forward, because justice is too important to wait.