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Force & Self-Defense in New York

10/17/2012

7 Comments

 
Although the use of force against another person would normally be considered a crime, there are scenarios when it is justified and legal. Justified force is more commonly referred to as “self-defense”. It is important to understand when one can use force and/or deadly force in self-defense.  These principles are particularly relevant when the actor has been accused of assault, homicide or similar crimes and these justifications serve as the defense in the criminal prosecution.

New York Penal Law § 35.15 details the circumstances in which using force is justified. In defending one’s self or a third person, the statute permits a person  to use physical force only to the  extent  he or she reasonably believes necessary to defend one’s self or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person.

However, force cannot be used if the person defending was the initial aggressor. If someone started a fight, he or she is not justified in using further force when the other person fights back. Additionally, force can only be used to the extent necessary. Once the threat has been eliminated, the use of force must stop. Any further use of force can be deemed illegal and result in an arrest.

As a general rule, even when the use of force is justified, deadly force is still illegal. The use of deadly force in self-defense is justified only when a person encounters the use or imminent use of unlawful deadly force. New York, however, maintains a duty to retreat. Under this duty, a person is prohibited from using deadly force if one can retreat with complete personal safety to oneself and others. There are only two exceptions to the duty to retreat. A person may stand their ground and use deadly force in self-defense when: (1) the person is in his home and was not the initial aggressor; or (2) the person is a police officer or acting at the direction of a police officer.

In addition, the legislature has set forth certain limited situations in which a person can use deadly force even where there is no use or imminent use of deadly force against him or her. Deadly force can be used when one reasonably believes that the other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery.

If you have been accused of a crime and believe that any actions you took were in self-defense, you should contact a Criminal Defense Attorney. This post merely scratches the surface of self-defense law and any affirmative defense should be discussed with an experienced Criminal Defense Attorney. 


7 Comments
Carsoncity-drug-attorney.com link
7/18/2013 02:19:51 pm

Often offenders get a clean cheat on Self defense basis. On the contrary, people who really did something to defend themselves get screwed up just because they didn't choose the right attorney.
Well written article definitely worth a share.

Reply
Sparks DUI Attorney link
7/21/2013 09:45:29 pm

In most of cases we have observed that some people lost their rights due to wrong selection of attorney and the offender gets a clean cheat. By the way you described in a good way.

Reply
Attorney fees link
8/21/2013 05:17:09 pm

Yes definitely if any actions took for self-defense then it should not say as a crime. This normally happens in case of female criminals.

Reply
CarsoncityDUI link
8/27/2013 04:43:54 pm

It is very important to be discussed with an experienced Criminal Defense Attorney.

Reply
What about with stand your ground? link
10/29/2013 02:46:24 am

With the stand your ground law making inroads into various states in America, it's further blurring the lines, which I feel isn't a good thing.

Reply
Orange County Divorce Attorneys link
6/17/2022 12:11:22 pm

Under this duty a person is prohibited from using deadly force if one can retreat with complete personal safety to oneself and others. Thank you for sharing your great post!

Reply
Orange County Family Law Attorneys link
6/17/2022 12:52:28 pm

Once the threat has been eliminated, the use of force must stop. Thank you for taking the time to write a great post!

Reply



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    Fuld Disclosure
    A Legal Blog


    About the Author

    Prior to joining the office, Judah Fuld served as the Law Clerk to the Honorable David H. Ironson, Superior Court of New Jersey, Criminal Division. Judah first appeared in court as a member of the Fordham Criminal Defense Clinic and has since expanded his work to various areas of criminal and civil law. 

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