Under New York penal law, there is no such thing as battery. Request an application form and fill it out while you wait.Applicants from the courtrooms for the same date appearance take priority. Assault in the third degree is a common charge for when one person initiates a fight with another person, or one person "beats up" another person. If it's misdemeanor assault, the two years. If it's a felony (using a weapon, or other circumstances), then it's five years. Aggravated Assault in Suffolk county refers to the delibrate intention to cause or threat to cause serious harm to individuals within county limits. Can you please clarify if you are asking about the requirement for a new and separate arrest when an individual is indicted on a murder charge? A "mandatory arrest" will be made in cases of domestic violence. If the accuser has pointed at you as the perpetrator, you will be arrested. Period.