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New York Domestic Violence Law

New York Domestic Violence Penalties, N.Y. Penal Law § 120.00 / § 240.26 / Family Court Act § 812

What you are facing under N.Y. Penal Law § 120.00 / § 240.26 / Family Court Act § 812, how the penalties scale, and the questions an attorney needs to answer — under New York (NY) domestic-violence law.

New York (NY) — Assault — Domestic Violence Context

Offense class: Class A Misdemeanor (3rd degree assault); Class E Felony (2nd degree); Class B Felony (1st degree); Class B Misdemeanor (harassment)

Incarceration

– 1 year (misdemeanor); up to 25 years (1st degree assault)

Maximum Fine

$1,000 (misdemeanor); $5,000 (felony)

Offense Class

Class A Misdemeanor (3rd degree assault); Class E Felony (2nd degree); Class B Felony (1st degree); Class B Misdemeanor (harassment)

What this costs

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Federal firearms ban (

Lautenberg Amendment

Plain language

A federal law (18 U.S.C. § 922(g)(9)) that bans gun possession after a misdemeanor domestic-violence conviction — separate from state penalties.

)

A misdemeanor domestic-violence conviction in New York triggers a federal firearms-possession ban under 18 U.S.C. § 922(g)(9). This applies on top of any state sentence, no matter how the New York case ends.

New York Domestic Violence Penalty Range

FactorDetail
StatuteN.Y. Penal Law § 120.00 / § 240.26 / Family Court Act § 812
OffenseAssault — Domestic Violence Context
ClassClass A Misdemeanor (3rd degree assault); Class E Felony (2nd degree); Class B Felony (1st degree); Class B Misdemeanor (harassment)
Incarceration – 1 year (misdemeanor); up to 25 years (1st degree assault)
Maximum fine$1,000 (misdemeanor); $5,000 (felony)

Penalty Enhancements

Additional factors that can increase the sentence under New York law.

  • 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 note: 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.

What you're afraid of

New York domestic violence defendants tell us they're afraid of four things. Here's how we address each.

Every citation in your report links back to a real CourtListener URL or a real state statute page. Your attorney can verify everything in under five minutes. We sit alongside your attorney — we don't replace them.

  • What if I take the wrong plea — or the wrong sentence?

    Most defendants take the first plea offered. We pull the comparable cases in your district and your judge's prior rulings, so you can see what the floor actually is before deciding.

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  • What if my attorney isn't actually listening — or preparing?

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  • I don't even know what I don't know.

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  • What if I bring my attorney a number they dismiss?

    If you bring your attorney a number they can't trace to a source, the conversation is over. Every number in our report is a hyperlink. Your attorney clicks, verifies, and the conversation continues.

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We're not here to replace your attorney. We're here to make sure you walk into their office knowing the right questions to ask.

What you're paying for is the time

Skip the 6-10 hours of reading. We already did it.

Defendants are already doing this work themselves — on r/legaladvice / r/Ask_Lawyers / Avvo Q&A, in Google searches, in the long thread of “what happens if I plead X” questions every public legal-help surface carries. The data is public. The reading is the work.

  • r/legaladvice + r/Ask_Lawyers (source): thousands of 'what happens if I plead X' threads, none of them indexed to your specific charge or your state's statute.

  • Avvo Q&A (source): per-charge plain-language threads, attorney answers gated behind per-minute meters.

  • Your state's official statute site: the actual statute text, the actual sentencing range, the actual enhancement triggers.

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Other New York defense topics

Facing a different charge in New York? Penalty ranges, enhancements, and defense questions for related crimes:

DUI in New YorkDrug Possession in New YorkAssault in New York

This page provides legal information — not legal advice — about New York domestic violence law as of the date of publication. Laws change. Verify current statutes with a licensed attorney in New York.