New York Domestic Violence Penalties (2026)

Domestic violence, domestic battery, and related 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 domestic violence charges in New York, consult a licensed New York criminal defense attorney.

New York Domestic Violence Penalties

OffensePenalty
First OffenseClass A misdemeanor: up to 1 year jail, $1,000 fine
Second OffenseClass E felony: up to 4 years prison

NY Penal Law §120.00; aggravated DV with prior DV is Class D felony

Domestic Violence Statute of Limitations in New York

In New York, the statute of limitations for domestic violence is generally 5 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in New York.

See all New York statutes of limitations →

Defending Against Domestic Violence Charges in New York

Common defenses in New York domestic violence 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 Assault 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