Statute of Limitations for Assault and Battery (intentional tort) in New York

6 min read

Published April 8, 2026 • By DocketMath Team

This article is for informational purposes only and does not constitute legal advice. Laws change frequently — verify all citations with current official sources.

Overview

In New York, the default statute of limitations for an assault or battery intentional-tort claim is 5 years. The jurisdiction data supplied for this page cites N.Y. Crim. Proc. Law § 30.10(2)(c) as the general rule for this reference page.

For a practical takeaway, that means the baseline deadline is usually 5 years from the date the claim accrues. Because no claim-type-specific sub-rule was found for this jurisdiction, use the general/default period unless a different rule clearly applies to your facts.

A few basics matter right away:

Assault and battery are separate intentional tort theories.
The clock usually starts on the date of the incident, not when you later discover the harm.
Special facts can change the deadline, including tolling issues, disability, or government-related claims.

Note: DocketMath’s statute-of-limitations calculator uses the claim date, jurisdiction, and tolling inputs to estimate the filing deadline. For New York assault and battery claims, the starting point is the 5-year general period.

Limitation period

The general New York limitations period for this claim type is 5 years. In practice, that means a plaintiff generally has 5 years to file after the claim accrues.

Use this simple workflow:

Identify the date of the alleged assault or battery.
Count forward 5 calendar years.
Check for any tolling, suspension, or special-status issue.
File on or before the resulting deadline.

What changes the output in DocketMath?

When you use the statute of limitations tool, these inputs affect the deadline output:

Input	Why it matters	Effect on output
Claim date	Sets the accrual date	Starts the 5-year count
Jurisdiction	Selects the New York rule	Applies the New York default period
Tolling events	Pauses or extends the clock	Moves the deadline later
Claim type	Identifies the legal theory	Helps ensure the correct rule is used
Filing date	Compares the filing date to the deadline	Shows whether the claim is timely

Quick example

If the alleged battery occurred on June 1, 2021, the baseline deadline is June 1, 2026.

If the incident occurred on December 15, 2022, the baseline deadline is December 15, 2027.

A one-day difference can matter, so it is worth confirming every date before relying on the result.

Key exceptions

No claim-type-specific sub-rule was found for this jurisdiction, so the 5-year default controls unless a separate tolling or special-status rule applies. In New York, deadline changes usually come from tolling concepts rather than a different assault-and-battery limitations period.

Common issues that can extend or affect the deadline

Minority or legal disability: Certain claimants may get extra time while a disability persists.
Defendant absence or concealment: If the defendant is unavailable for service or otherwise outside the jurisdiction, the clock may be affected.
Government-related claims: Claims against public entities often have different notice and filing requirements.
Related criminal proceedings: A criminal case does not automatically extend the civil limitations period, though it may affect evidence, strategy, and timing.

Practical checklist before relying on the 5-year date

Warning: A criminal charge, police report, or internal investigation does not by itself stop the civil clock. If you are using an incident date in New York, treat the 5-year period as running unless a real tolling rule applies.

Statute citation

The jurisdictional citation provided for this New York reference is N.Y. Crim. Proc. Law § 30.10(2)(c). The cited source is the New York Senate legislation page for the Criminal Procedure Law.

Citation details

Item	Citation / value
Jurisdiction	New York
General SOL period	5 years
General statute	N.Y. Crim. Proc. Law § 30.10(2)(c)
Source	https://www.nysenate.gov/legislation/laws/CPL/30.10

How to use the citation on a reference page

Use the citation to anchor the deadline calculation, then explain the rule in plain English:

New York baseline period: 5 years
Claim type: assault and battery intentional tort
Default rule: apply the general period
Special rule status: none identified for this claim type in the supplied jurisdiction data

This gives users a fast, practical answer without forcing them to sort through secondary summaries.

Use the calculator

DocketMath helps you turn the New York 5-year rule into a specific filing deadline. The calculator is most useful when you have the incident date and want to see the last safe filing date immediately.

What to enter

Use these inputs:

Jurisdiction: New York
Claim type: Assault and battery
Incident date: The date the alleged conduct happened
Tolling facts: Any facts that may pause or extend the clock
Filing date: If you want to test timeliness

What the output means

The calculator returns:

the baseline deadline
any adjusted deadline if tolling inputs are added
a timeliness result if you compare a filing date to the deadline

How the output changes

If you enter only the incident date, the tool applies the 5-year default period.
If you add tolling facts, the deadline moves later by the qualifying period.
If you change the incident date, the deadline updates immediately.
If you add a filing date after the deadline, the tool flags the claim as late.

Simple workflow

Open DocketMath’s statute of limitations calculator.
Select New York.
Enter the alleged assault or battery date.
Add any tolling facts you can support.
Review the deadline and compare it to your filing date.

Using the calculator is the fastest way to avoid date math errors, especially where multiple incidents, amended pleadings, or tolling issues are involved.