New York Domestic Violence Law
New York Domestic Violence Defense
What you're facing under N.Y. Penal Law § 120.00 / § 240.26 / Family Court Act § 812, how the penalties scale, and the questions your attorney needs to answer, specific to New York (NY) domestic violence law.
Offense Class
Class A Misdemeanor (3rd degree assault); Class E Felony (2nd degree); Class B Felony (1st degree); Class B Misdemeanor (harassment)
Maximum Penalty
1 year (misdemeanor); up to 25 years (1st degree assault)
Maximum Fine
$1,000 (misdemeanor); $5,000 (felony)
Federal Firearms Prohibition (Lautenberg Amendment)
A conviction for misdemeanor domestic violence in New York carries a federalfirearms-possession ban under 18 U.S.C. § 922(g)(9). This consequence is collateral to New York state penalties and applies regardless of the state sentence imposed.
Penalty Range in New York
Charge Enhancements
These factors can elevate the charge or penalty in New York:
- Strangulation (1st or 2nd degree — Class C or D Felony under § 121.11–121.12)
- Use of a weapon
- Serious physical injury
- Criminal contempt for violating order of protection
New York-Specific Detail
New York does not have a standalone 'domestic violence' charge. DV is prosecuted under existing assault, harassment, menacing, and stalking statutes with the domestic relationship as context. Strangulation statutes (§ 121.11–121.13) were added specifically for DV cases.
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Important: This page provides legal INFORMATION about New York domestic violence law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.