Covid-19 Updates
Victim Compensation
Until January 29, 2021, if you are a victim of domestic violence who is unable to report the crime to the police because of the Covid-19 restrictions, you may still be able to apply for Victim Compensation.
Victim Compensation funds can help you with temporary housing, medical treatment, and other necessary survival expenses. Please contact a certified residential program for help.
Updated January 5, 2021
Types of Crimes
What are the different types of crimes?
Crimes can be violent or non-violent.
In a violent crime, a person uses or threatens to use force against another person. Examples include punching someone, using a weapon like a gun or knife, murder, or rape.
Non-violent crimes do not involve the use of force. Examples include stealing another person’s money, belongings or identity.
There are also different groups of victims or victimizations based on the crimes experienced, for example, domestic violence, stalking , sexual assault, or elder abuse.
Not sure of whether a crime has happened to you? Our checklist may help you identify if you are a crime victim.
Your Rights as a Crime Victim
Do I have rights as a crime victim?
You might not realize it, but as a victim of crime you have a number of rights within the criminal justice system.
Below are some of your rights as a crime victim in the New York state criminal justice system.
You can find more information in this Victim Rights Guide (PDF).
There are also other ways you may be paid back for your losses:
- You can file a civil lawsuit against your offender.
- If the crime happened while you were working, you may be able to get workers’ compensation benefits.
- If the crime is related to a vehicle, you may be able to get benefits under a car insurance policy.
- You may be able to get benefits from other sources such as homeowner’s or renter’s insurance, veteran’s benefits, or social security benefits.
You have the right to be notified of criminal proceedings
This means, you have the right to know when the offender:
- is arrested
- first appears before a judge
- enters a guilty plea
- goes to trial
- is sentenced, and how long they are sentenced to prison
You have rights during the criminal court case
Some of these rights include:
- The right in certain felony offenses (serious criminal cases where the offender can be imprisoned for more than 1 year) to talk with the District Attorney about possible outcomes of the case.
- The right to ask help from law enforcement and the District Attorney to let your employers know that you need to take time off from work to help with the criminal case.
You have the right to be protected from threats, physical injury, or other kinds of intimidation
You may have the right to a criminal Order of Protection.
You have the right to submit a “victim impact statement” in certain criminal cases
The victim impact statement is your chance to say what happened to you, how the crime affected your life and the lives of people you love.
You have the right to be notified if the person who committed the crime is released or escapes from custody
New York State Victim Information and Notification Everyday, VINE, can provide crime victims with information by phone, email, or TTY, about the status of the criminal offender.
You have the right in criminal cases to request restitution
(See Restitution tab in this section for more information)
Victims of crime in New York State also have these rights
- You have the right to get a free copy of the police report of the crime.
- You have the right to have your belongings returned quickly.
- You have the right to ask that your stolen or destroyed driver’s license, permit, registration or license plate be replaced for free.
- You have the right not to lose your job if you have to meet with prosecutors or appear in criminal court.
- If you are a victim of domestic violence, sexual assault, or a child victim of crime you have additional rights.
If you are a crime victim in the federal criminal justice system, you also have rights under United States law.
Crime Victim Compensation
What is crime victim compensation?
One of the rights that some crime victims have is the right to ask for “crime victim compensation.”
Crime victim compensation is a government program to pay back victims of crimes and their families for some of their expenses that resulted from being a crime victim. Compensation is not the same as restitution. (See the Restitution tab in this section)
Compensation is only paid after all other resources (e.g., insurance, workers’ compensation) are exhausted.
If you are a victim of crime, you may have many costs related to the crime and your recovery. Dealing with medical and mental health care costs, lost income, and repairing or replacing damaged or lost property can be overwhelming.
Crime victim compensation may be able to help you with these financial matters when you cannot get repaid any other way.
What kind of expenses can crime victim compensation help me with?
Some of the expenses that may be covered include:
- Your medical and counseling expenses.
- Up to $500 for your lost or damaged personal property that is essential for your health and welfare, such as eyeglasses, cash (up to $100) and clothes.
- Your transportation costs for necessary court appearances related to prosecution..
- Your occupational or vocational rehabilitation expenses.
- Up to $2,500 for moving expenses.
- Up to $30,000 for lost wages, loss of support or loss of savings.
The Every Crime Victim Matters brochure by OVS offers information on victim compensation.
Do I have the right to crime victim compensation?
You may have the right to crime victim compensation if:
- You were physically injured as a result of the crime.
- If you are under the age of 18, 60 or older, or are disabled, even if you were not physically injured in the crime.
- You are an innocent victim of crime. This means, if your behavior helped cause your injuries, you may not get crime victims compensation.
- You are a victim of certain kinds of stalking or domestic violence crimes.
- You are a victim of labor or sex trafficking.
- You report the crime to the police or another criminal justice agency within one week.
- You file a claim within one year of the crime.
How do I apply for crime victim compensation?
To apply for crime victim compensation online, visit the New York State Office of Victim Services website.
You can also contact a crime victim program near you for help.
Restitution
What is restitution?
Restitution is payment for losses from injuries and damages that you suffered as a result of the crime. The person who committed the crime against you pays you restitution as part of their criminal sentence. Restitution is not the same as compensation. (See Compensation tab in this section)
Restitution may include repayment of medical bills, counseling expenses, loss of earnings and replacement of stolen or damaged property.
Any victim of crime who has suffered or incurred injuries can ask for restitution.
How do I get restitution?
Talk to the prosecutor in your criminal case about getting restitution as soon as you can. They will need information about your injuries and all your expenses.
Visit NY Courts for more information on restitution.
Your Rights to Language Access
If you cannot speak, write, read, or understand English well, you may be “limited English proficient” or “LEP.” If you are LEP, you have the right to get help in your language so that you can get other services and help. This is called “language access.”
All federal agencies and organizations funded by the US government must get you help in your language. Also, every New York State agency that is open to the public must provide interpretation services at no cost to you.
Go to LawHelpNY to find information about Federal Language Access Rights
Find additional information about Overcoming Language Barriers in New York State
If you were not given language access, you have the right to make a complaint.
NY Crime Victims LEGAL HELP
