It is very important to know New York’s self-defense laws, since the state is known for having strict rules about guns and personal safety. We at Varghese & Associates want our clients to know that they have the right to protect themselves. We’ll explain New York’s self-defense rules and what they mean for you below.
The Basics of Self-Defense in New York
The law in New York accepts the right to self-defense, but it comes with some restrictions and conditions. Article 35 of the New York Penal Law says that people can physically attack another person if they have a good reason to think that they need to protect themselves or others from what they think is illegal physical force being used or about to be used.
Reasonable Belief and Necessity
“Good faith” and “necessity” are the most important words in New York’s self-defense rules. In other words, the person who said they were acting in self-defense had to really think that the force they used was necessary to protect themselves or others. It must also make sense to a normal person in the same setting for this belief to make sense.
Proportionality of Force
The amount of force used in self-defense in New York must be based on how dangerous the threat is. This means you can’t use dangerous force unless you have a good reason to think that you are about to be killed, seriously hurt, kidnapped, raped, or robbed. If you use more force than is necessary to stop the danger, you could be charged with a crime.
Duty to Retreat
The “duty to retreat” is one of the more controversial parts of New York’s rules on self-defense. It is against this concept to use physical force if you can safely avoid it by running away. There are, however, important exceptions to this rule:
- Castle Doctrine: You have no duty to retreat if you are in your own home and not the initial aggressor. You are allowed to use force, including deadly force, to defend yourself against an intruder.
- Public Places: While in public, you must retreat if you can do so safely. If retreating is not possible or if you are cornered, you can use physical force to defend yourself.
No Duty to Retreat in the Home
One important exception to the duty to withdraw is the “Castle Doctrine.” People don’t have to retreat when they are in their own homes, according to this belief. They are officially allowed to use deadly force or reasonable force to protect themselves and others in the home from an intruder.
Stand Your Ground vs. Duty to Retreat
New York does not have a “Stand Your Ground” rule like some other states do. In most public places, you still have to get away when it is safe to do so. The Castle Doctrine, which says you are safe in your own home, is the main exception.
Justification as a Defense
In New York, claiming self-defense is a positive defense, which means the person accused of a crime has to show that what they did was right. This means showing proof and persuading the judge or jury that the use of force was required and appropriate in the given conditions.
Defense of Others
Under the same rules that guide self-defense, New York law also lets people defend others. You can use physical force to protect someone if you have a good reason to think they are about to be hurt. Still, the amount of force used must be right for the threat.
Defense of Property
New York law lets you use force to stop theft or damage to property, but it doesn’t say that you can use dangerous force to protect property alone. Force that can kill can only be used when someone’s life is also at risk.
When Can You Use Deadly Force in NYC?
Using deadly force is a very bad thing to do that will have major legal effects. In New York City, the law is very clear about when it is okay to use deadly force. At Varghese & Associates, we think it’s important to know these rules so you can make sure you’re not violating anyone’s rights. This article goes into great detail about when you can use dangerous force in New York City.
Understanding Deadly Force
Force that is meant to or likely to kill or seriously hurt someone is called “deadly force.” Article 35 of the New York Penal Law spells out the exact situations in which killing someone is legal.
Imminent Threat of Death or Serious Physical Injury
If you have a good reason to think you need to use deadly force to protect yourself or someone else from what you see as an immediate threat of death or major physical harm, then you can. That opinion has to make sense and be based on the facts at hand.
Home Defense (Castle Doctrine)
The Castle Doctrine says that you don’t have to run away if you are in your home and weren’t the one who started the fight. You can use dangerous force to protect yourself from someone who is breaking in or has already broken in. With this exception, people can protect their homes from being broken into because they believe they are holy.
Prevention of Certain Crimes
Deadly force can also be used to prevent certain serious crimes, including:
- Kidnapping
- Rape
- Robbery
- Burglary
The use of deadly force is justified if you reasonably believe it is necessary to prevent the commission of these crimes.
No Duty to Retreat in the Home
If you are in your own home, you don’t have to run away before using dangerous force. In public places, you usually have to run away if it’s safe to do so. This is a big change from that rule.
Defense of Others
If you have a good reason to think that someone is about to die or get seriously hurt, you can use dangerous force to protect them. The same rules about what is fair and what is necessary apply.
Duty to Retreat in Public Places
If you are not in your home, New York law says you must back away before using deadly force, if it is safe to do so. If you can get away without getting hurt more, you should avoid using dangerous force by running away. But if you can’t get away or are surrounded, you can use dangerous force to protect yourself or other people.
Proportionality of Force
How much force you use should depend on how dangerous the threat is. Use of deadly force is only okay when there is a serious and immediate danger of harm. When you use dangerous force to stop a non-lethal threat, you could be charged with a crime because it is too much.
Legal Consequences
There are big legal risks when you use killing force. If you misjudge the situation or use too much force, you could be charged with a crime, like killing or murder. It is very important to know the rules of the law and make sure that what you are doing is legal.
Can You Stand Your Ground in New York?
There is no “Stand Your Ground” rule in New York. There is instead a duty to flee in New York when you are not at home. This means you should stay out of fights and run away if it’s safe to do so before using force. You can only use force, even deadly force, to protect yourself if you can’t safely run away.
The Castle Doctrine, on the other hand, is not like this. When someone breaks into your home, you don’t have to run away. You can use reasonable force, even deadly force, to protect yourself.
Who Has the Burden of Proof for Self-Defense in New York?
When someone is charged in New York and says they were acting in self-defense, the prosecutor has the burden of proof. How it works:
Initial Burden on the Defendant
- Raising the Defense: The defendant must present enough evidence to support a self-defense claim. This means introducing evidence that suggests they acted in self-defense, such as testimony or physical evidence indicating a threat of harm.
Prosecution’s Burden of Proof
- Disproving Self-Defense: Once the defendant has raised the issue of self-defense, the burden shifts to the prosecution. The prosecution must prove beyond a reasonable doubt that the defendant did not act in self-defense.
- Elements to Disprove: The prosecution can disprove self-defense by showing that the defendant did not have a reasonable belief of imminent harm, that the force used was excessive, or that the defendant had a duty to retreat and failed to do so when it was safe.
To have a good defense in a self-defense case, you need to know who has to prove their case. We defend your rights at Varghese & Associates and make sure the government does what it needs to do.
What To Do If You Were Acting in Self-Defense Yet Still Charged with a Crime
It can be very scary to be charged with a crime after acting in self-defense. Varghese & Associates is dedicated to protecting your rights and guiding you through this tough situation. If this happens to you, here’s what you should do:
1. Seek Legal Representation Immediately
- Contact a Criminal Defense Attorney: Contact an experienced gun rights lawyer who understands New York’s self-defense laws. At Varghese & Associates, we have the experience to protect your rights and build a strong defense.
- Initial Consultation: During your initial consultation, provide your attorney with all relevant information and documentation related to the incident. This helps assess the validity of your self-defense claim and formulate a defense strategy.
2. Document Everything
- Records and Evidence: Keep detailed records of all interactions with law enforcement and any documents related to the incident, such as police reports, medical records, and photographs.
- Witnesses: Gather contact information and statements from any witnesses who can support your self-defense claim. Their testimony can be crucial in your defense.
3. Understand Your Rights
- Self-Defense Laws: Familiarize yourself with New York’s self-defense laws, including when and how you are legally permitted to use force.
- Burden of Proof: Remember that once you raise a self-defense claim, the prosecution must disprove it beyond a reasonable doubt.
4. Challenge the Charges
- File Motions: Your criminal defense attorney can file motions to dismiss the charges based on your self-defense claim. This may involve arguing that you acted reasonably and within the bounds of the law.
- Present Evidence: Gather and present evidence that supports your self-defense claim, such as witness testimony, video footage, and expert analysis.
5. Prepare for Court
- Stay Informed: Be actively involved in your defense by attending all court hearings and meetings with your attorney.
- Follow Legal Advice: Adhere to all your attorney’s legal advice, including how to present yourself in court and what to say during proceedings.
6. Explore All Legal Options
- Affirmative Defense: Understand that self-defense is affirmative, meaning you must provide evidence supporting your claim. Work closely with your attorney to build a compelling case.
- Alternative Defenses: Your gun rights attorney might also explore other defenses, such as unlawful search and seizure, lack of probable cause, or procedural errors made by law enforcement.