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Force & Self-Defense in New York

10/17/2012

21 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. 


21 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.

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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.

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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.

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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
Paul Thompson link
4/10/2023 10:02:06 am

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. I’m so thankful for your helpful post!

Reply
Glenn Pate link
4/29/2023 07:33:21 am

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. Thank you, amazing post!

Reply
Iris Smith link
6/8/2023 07:52:30 pm

Thank you for emphasizing that lethal force can be used when one reasonably suspects that the other person has committed or is attempting to commit an abduction, forced rape, forceful criminal sexual conduct, or robbery. My coworker got accused of being a robbery suspect. I will arrange for him to have criminal defense counsel to avoid any charges.

Reply
High Fashion Smokes And Prints link
11/8/2023 09:06:52 pm

It's certainly crucial to have a clear understanding of the circumstances under which one can rightfully and lawfully employ force or deadly force for self-defense. Knowing when such actions are justified is key. This post offers valuable insights!

Reply
Great Gatsby Auto Spa & Detailing link
11/9/2023 08:06:25 pm

It's definitely important to be well-informed about the specific situations where using force or lethal force in self-defense is legally and morally justifiable. Understanding the conditions that warrant such measures is crucial. This post provides important perspectives!

Reply
Newport Drip link
11/10/2023 03:11:57 pm

Understanding the specific conditions where using force or deadly force in self-defense is legally and justifiably permissible is essential. Recognizing when these actions are warranted is crucial. This post provides important insights!

Reply
Midnight Bail Bonds Indio link
12/12/2023 11:23:12 pm

I concur that comprehending the circumstances under which one can employ force or deadly force in self-defense is crucial for knowing when such actions are justified and lawful. This post proves to be highly informative!

Reply
Bail Bonds San Jose link
12/13/2023 07:12:16 pm

I agree that understanding the circumstances under which one can employ force or deadly force in self-defense is crucial for knowing when such actions are justified and lawful. This post is highly informative!

Reply
Bail Bonds West Hollywood link
1/8/2024 09:30:26 pm

I concur that comprehending the situations where using force or deadly force in self-defense is permissible is essential to determine when these actions are justifiable and legal. This post is very enlightening!

Reply
Jack Bail Bonds link
3/4/2024 05:52:34 pm

This article does an excellent job of breaking down the complex topic of self-defense in New York law. It provides clear explanations of when and how force can be justified, making it easier for readers to understand their rights in different situations. By outlining the specific circumstances in which force, including deadly force, can be used in self-defense, the article empowers individuals to make informed decisions to protect themselves and others while staying within the bounds of the law. The inclusion of the duty to retreat and exceptions to it adds depth to the discussion, ensuring readers have a comprehensive understanding of their legal rights and responsibilities. Overall, this article serves as a valuable resource for anyone seeking to navigate the intricacies of self-defense law in New York. Great job in simplifying such a complex topic and making it accessible to all readers!

Reply
1 Percent Bail Bonds link
3/4/2024 10:49:49 pm

This article provides a clear and informative overview of self-defense laws in New York. It breaks down complex legal concepts into understandable terms, making it easier for readers to grasp the principles behind when and how force can be justified. By outlining the conditions under which self-defense is permissible and highlighting the duty to retreat, the article empowers individuals to better understand their rights and responsibilities in potentially dangerous situations. Additionally, it emphasizes the importance of seeking legal advice from a Criminal Defense Attorney when facing accusations involving self-defense. Overall, this article serves as a valuable resource for anyone seeking knowledge about their legal rights in New York.

Reply
Redlands Dispensary Delivery link
3/7/2024 09:15:49 pm

This article offers a concise and enlightening overview of self-defense laws in New York. It simplifies intricate legal concepts, enabling readers to comprehend the principles governing when and how force can be justified. By outlining the circumstances in which self-defense is allowed and underscoring the duty to retreat, the article empowers individuals to grasp their rights and obligations in potentially risky situations. Moreover, it stresses the significance of seeking legal counsel from a Criminal Defense Attorney when confronted with allegations related to self-defense. Overall, this article serves as a valuable guide for anyone seeking insight into their legal rights in New York.

Reply
Bail Bonds in Santa Ana link
7/5/2024 06:54:00 am

Reading this article on force and self-defense in New York was incredibly informative and eye-opening. I now understand when it's legally justified to use force and the strict rules around it. The explanation of New York Penal Law § 35.15 and the duty to retreat clarified a lot for me, especially the part about not being able to use deadly force unless absolutely necessary. This article did a great job breaking down complex laws into something easy to understand. Thank you for providing such clear and valuable information—it really helped me grasp this important topic better.






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Anaheim City Jail Bail Bonds link
7/6/2024 07:01:03 am

This article on self-defense in New York does a great job of explaining when and how someone can legally use force to protect themselves or others. It's clear and easy to understand, even for someone who might not know much about laws. Knowing these rules could make a big difference if you ever find yourself in a situation where you need to defend yourself. It's reassuring to know that the law is there to protect you, but also important to remember the limits of what you can do legally. This article makes me feel more informed and aware of my rights in a self-defense situation.



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    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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