Index

New York Penal Law Section 35.15: Justification

Summary

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.

Rights & Rules

  • 01.
    Right to use physical force to defend yourself or a third person.
  • 02.
    Right to use deadly force within your home without retreating.
  • 03.
    Defense of 'Justification' which serves as a legal excuse for what would otherwise be a crime.

Penalties

  • 01.
    Conviction for Assault or Manslaughter if retreat was safely possible.
  • 02.
    Criminal charges for weapon possession if the tool used for defense was illegal.

Verified Citations

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