Self‑Defense Laws in NYC: What You Should Know
For Terrazas Law
8
/25
Jul
Self‑Defense Laws in NYC: What You Should Know
Legal Basis and Justification
Under New York Penal Law Article 35, individuals may use physical force to defend themselves or others if they reasonably believe it is necessary to prevent unlawful force. That belief must be both honestly held and objectively reasonable. If force used is excessive or initiated by the defender, the justification does not apply.
The law doesn’t protect any use of force only the use that’s justified and necessary.
Permissible Use of Deadly Force
Deadly force is only justified when a person reasonably believes another is using or about to use deadly force, or is committing serious felonies such as burglary, robbery, or kidnapping and no safe retreat is possible. However, the defender does not have a duty to retreat if they are in their home and did not initiate the confrontation.
Limitations and Initial Aggression
Self‑defense cannot be claimed if the defender provoked the encounter or was the initial aggressor. If the defender withdraws and communicates that withdrawal clearly, but the other person persists, justification may still apply. The defender must also not be engaged in combat by mutual agreement unless legally permitted.
Standards of Belief and Proportionality
New York applies a hybrid standard requiring both subjective belief and objective reasonableness (a “reasonable person” in the same situation would have acted similarly). This standard was affirmed in People v. Goetz, which emphasized that the defender's belief must align with what a reasonable person would think under the same conditions.
Experience the absolute highest standard!
Self-defense cases are highly fact-dependent and often involve close legal scrutiny. Understanding when the law permits the use of force and when it does not is critical. Terrazas Law represents individuals facing assault and related charges, including those involving claims of self-defense. We evaluate each case carefully and work to ensure that your rights are fully protected throughout the process.
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