Index
New York Justification and Duty to Retreat
Summary
In New York, a person may not use deadly physical force if they know they can retreat with complete safety, except when in their own home or preventing certain violent felonies.
Rights & Rules
- 01.You can use physical force to defend yourself from what you believe is the illegal use of force by another.
- 02.You must try to retreat safely before using deadly force in public spaces.
- 03.The duty to retreat does not apply if you are in your own home and were not the original aggressor.
Penalties
- 01.Conviction for Murder or Manslaughter if retreat was possible but not attempted.
- 02.Criminal Possession of a Weapon charges if the tool used for defense was illegal.
- 03.Sentencing enhancement if force was used against a protected official.
Verified Citations
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