New York Justification and Duty to Retreat
Deadly physical force is only justified if the person reasonably believes the other person is using or about to use deadly force and they cannot retreat with complete safety.
Self-Defense Law
Laws filed under this category in plain English.
DirectoryNew York, USA Florida, USA Texas, USA New York, USA United Kingdom Canada Florida, USA Texas, USA New York, USA Ohio, USA Pennsylvania, USA California, USA Florida, USA Texas, USA New York, USA California, USA Ohio, USA Oklahoma, USA Florida, USA Texas, USA Colorado, USA Ohio, USA Michigan, USA California, USA Florida, USA Texas, USA Ohio, USA New York, USA Kentucky, USA Oklahoma, USA Michigan, USA Washington, USA Georgia, USA Massachusetts, USA Kentucky, USA Alabama, USA Texas California Ohio Kentucky Indiana Florida, USA Texas, USA Ohio, USA New York, USA Georgia, USA California, USA Florida, USA United Kingdom Canada New York, USA Ohio, USA
Florida Justifiable Use of Force Statute
Florida law allows individuals to use deadly force if they reasonably believe it's necessary to prevent death or great bodily harm, without a legal duty to retreat from any place they have a right to be.
Texas Penal Code Section 9.32: Deadly Force
Provides the conditions under which deadly force is justified to protect oneself or others, including a 'Castle Doctrine' provision for homes, vehicles, and workplaces.
New York Penal Law Section 35.15: Justification
New York requires individuals to retreat from a confrontation if they can do so with 'complete safety' before using deadly force, except when in their own home.
UK Criminal Justice and Immigration Act 2008, Section 76
Clarifies the common law defense of self-defense, emphasizing that a person is judged based on the circumstances as they honestly believed them to be.
Canada Criminal Code Section 34: Self-defence
Consolidates self-defense laws into a single framework focusing on whether the act was reasonable under the circumstances.
Florida Justifiable Use of Force
Florida law allows individuals to use or threaten to use force, including deadly force, if they reasonably believe it is necessary to prevent death or great bodily harm, with no duty to retreat if they are in a place they have a right to be.
Texas Castle Doctrine and Self-Defense
Texas law presumes the use of force is reasonable if an individual is defending against someone unlawfully entering their home, vehicle, or place of business.
New York Defense of Justification
In New York, a person may use physical force for self-defense, but there is a duty to retreat before using deadly force unless they are in their own home or cannot safely retreat.
Ohio SB 175 (Stand Your Ground Expansion)
Effective in 2021, Ohio law removed the duty to retreat before using force in self-defense for anyone who is in a place they are lawfully allowed to be.
Pennsylvania Use of Force in Self-Protection
Pennsylvania law permits the use of force when the actor believes it is immediately necessary for the purpose of protecting himself against the use of unlawful force.
California Justifiable Homicide Law
Homicide is justifiable when committed in self-defense or in defense of another, provided there is a reasonable ground to apprehend a design to commit a felony or to do some great bodily injury.
Florida Stand Your Ground Law
A person has no duty to retreat and has the right to stand their ground and use force, including deadly force, if they reasonably believe it is necessary to prevent death or great bodily harm.
Texas Deadly Force in Defense of Person
Deadly force is justified to protect oneself against another's use or attempted use of unlawful deadly force, or to prevent the imminent commission of specific violent crimes.
New York Justification in Self-Defense
New York requires a duty to retreat in many circumstances before using deadly physical force, unless the person is in their own home or is preventing certain violent crimes.
California Justifiable Homicide Statute
Homicide is justifiable when committed in defense of habitation, property, or person against one who intends by violence to commit a felony.
Ohio Self-Defense Burden of Proof Shift
Once a defendant provides evidence of self-defense, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense.
Oklahoma Stand Your Ground and Castle Doctrine
Provides that any occupant of a dwelling, vehicle, or business has the right to use physical force, including deadly force, against an intruder who is in the process of entering or has entered unlawfully.
Florida Justifiable Use of Force
Commonly known as the 'Stand Your Ground' law, it allows individuals to use deadly force if they reasonably believe it is necessary to prevent imminent death or great bodily harm without a duty to retreat.
Texas Penal Code Section 9.31 (Self-Defense)
Provides the 'Castle Doctrine' framework where force is presumed reasonable against someone unlawfully entering an occupied home, vehicle, or place of business.
Colorado Use of Deadly Physical Force Against an Intruder
Known as the 'Make My Day' law, it permits occupants of a dwelling to use force, including deadly force, against an intruder who has made an unlawful entry.
Ohio Revised Code 2901.05
Expands self-defense rights by removing the duty to retreat for anyone who is in a place they are legally allowed to be before using force.
Michigan Self-Defense Act
Codifies the right to use force without retreating for individuals who are not committing a crime and are in a place they have a legal right to be.
California Judicial Council Instruction 3470
In California, case law and jury instructions establish that a person threatened with an attack does not need to retreat and may pursue the assailant until the danger has passed.
Florida Justifiable Use of Force (Stand Your Ground)
Individuals have no duty to retreat and can use even deadly force if they reasonably believe it is necessary to prevent death or great bodily harm.
Texas Deadly Force in Defense of Person
Authorizes the use of deadly force to protect oneself against another's use or attempted use of unlawful deadly force or to prevent certain violent crimes.
Ohio Burden of Proof for Self-Defense
In self-defense cases, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense, provided there is some evidence the defendant acted in self-defense.
New York Justification for Use of Physical Force
New York law allows the use of physical force for self-defense but generally imposes a 'duty to retreat' if the person can do so with complete safety, except in their own home.
Kentucky Use of Physical Force in Self-Protection
Kentucky provides broad self-defense protections, including immunity from civil and criminal actions if the use of force was justified under the statute.
Oklahoma Physical or Deadly Force Against Intruder
Also known as the 'Make My Day' law, it grants occupants of a dwelling the right to use deadly force against an unlawful intruder without a duty to retreat.
Michigan Self-Defense Act (Public Act 309)
An individual may use deadly force anywhere they have a legal right to be, with no duty to retreat, if they honestly and reasonably believe it is necessary to prevent death, great bodily harm, or sexual assault.
Washington Lawful Use of Force
Force is not unlawful when used by a person about to be injured, or by someone aiding them, provided the force is not more than is necessary.
Georgia Justification for Use of Force
A person is justified in using force intended to cause death or great bodily harm only if they reasonably believe such force is necessary to prevent death or a forcible felony.
Massachusetts Castle Doctrine
A lawful occupant of a dwelling is not required to retreat from an unlawful intruder before using reasonable force, including deadly force, if they believe the intruder intends to cause great bodily injury.
Kentucky Use of Physical Force in Self-Protection
The use of physical force is justifiable when the defendant believes it is necessary to protect against the use or imminent use of unlawful physical force by another person.
Alabama Immunity from Prosecution for Self-Defense
A person who uses force as justified under the law is immune from criminal prosecution and civil action, unless the person against whom force was used was a law enforcement officer.
Texas Castle Doctrine and Use of Deadly Force
Texas law presumes a person's use of force is reasonable if someone is unlawfully and with force entering or attempting to enter the person's occupied habitation, vehicle, or place of business.
California Home Protection Bill of Rights
Any person using force intended or likely to cause death or great bodily injury within their residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury.
Ohio No Duty to Retreat Law
Effective in 2021, Ohio expanded its self-defense laws to remove the requirement that a person must retreat before using force in any place they are lawfully present.
Kentucky Justifiable Use of Force and Immunity
Kentucky provides statutory immunity from criminal prosecution and civil action for the use of force in self-defense, and prevents police from arresting someone unless there is probable cause that the force was unlawful.
Indiana Defense Against Unlawful Entry by Public Servants
A person is justified in using reasonable force against a public servant if the person reasonably believes the public servant is acting unlawfully or it is necessary to prevent an unlawful entry into the person's home.
Florida Stand Your Ground Law
A person has no duty to retreat and has the right to stand their ground and use force, including deadly force, if they reasonably believe it is necessary to prevent death or great bodily harm.
Texas Justifiable Use of Deadly Force
Outlines specific conditions under which deadly force is justified, including the prevention of violent felonies such as aggravated kidnapping, murder, sexual assault, or robbery.
Ohio Burden of Proof in Self-Defense Cases
In Ohio, if a defendant provides evidence of self-defense, the prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense.
New York Justification: Use of Physical Force
New York law allows the use of physical force for defense but imposes a duty to retreat in public if the person knows they can avoid the use of deadly force with complete safety.
Georgia Justifiable Use of Force in Defense of Others
Georgia law justifies the use of force, including deadly force, to protect oneself or a third party from the imminent use of unlawful force or to prevent a forcible felony.
California Justifiable Homicide
California statute defines homicide as justifiable when committed in defense of habitation, property, or person against one who intends to commit a felony or do great bodily injury.
Florida Justifiable Use of Force Statute
Commonly known as the 'Stand Your Ground' law, this statute allows individuals to use deadly force without a duty to retreat if they reasonably believe it is necessary to prevent death or great bodily harm.
Section 3 of the Criminal Law Act 1967
Provides a statutory framework for using reasonable force in the prevention of crime or in effecting a lawful arrest.
Canada Criminal Code Section 34 (Self-defence)
Defines the circumstances under which a person is not guilty of an offense if they use force to defend themselves or another person.
New York Penal Law Section 35.15
Establishes a duty to retreat in New York before using deadly physical force, unless the person is in their own home or cannot retreat safely.
Ohio Revised Code Section 2307.601
Provides civil immunity for individuals who use force in self-defense under specific 'Stand Your Ground' conditions.