Under New York penal law, there is no such thing as battery. If you are facing charges of assault or making threats, contact us today to arrange a free initial consultation with a criminal defense attorney.The short answer is YES. Assault and battery are serious criminal offenses in New York that can lead to arrest and significant legal consequences. New York State Arrest Process - NY Crime Lawyer. A: There are no battery crimes under New York penal law; therefore, all assault crimes are charged as different levels of assault. The NYPD has prepared important information on the criminal justice process in New York City so you can become more familiar with many procedures. New York Lawyers Team in Queens is here to help. Our skilled criminal defense attorneys understand the nuances of New York's assault laws and how to build a strong defense strategy. How Do I File a Petition in Family Court?