Index

New York Penal Law Section 35.15

Summary

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.

Rights & Rules

  • 01.
    Right to use physical force to defend against what is reasonably believed to be the use of unlawful force
  • 02.
    Right to use deadly force if the person believes the other party is using or about to use deadly force
  • 03.
    Requirement to retreat if safe to do so before using deadly force, except in one's dwelling

Penalties

  • 01.
    Murder or manslaughter charges if the duty to retreat was violated and deadly force was used
  • 02.
    Assault charges if physical force was not justified

Verified Citations

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