Index

New York Justification: Use of Physical Force

Summary

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.

Rights & Rules

  • 01.
    You can use physical force to defend yourself from what you believe is the illegal use of force by another person.
  • 02.
    You do not have to retreat if you are in your own home and were not the initial aggressor.
  • 03.
    You may use deadly force if you reasonably believe the other person is using or about to use deadly physical force.

Penalties

  • 01.
    Manslaughter charges if the duty to retreat was ignored despite a safe exit being available.
  • 02.
    Criminal possession of a weapon charges if the tool used for defense was not legally owned.
  • 03.
    Possible prison sentences ranging from 5 to 25 years for unjustified use of force.

Verified Citations

Justification; use of physical force in defense of a person

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