Wed 15 Jan, 2025 Criminal Defense

New York Self-Defense Laws: What to Know

New York self-defense laws are relatively simple. You have the right to defend yourself in New York, although some exceptions apply.

This article discusses the details of self-defense laws in New York. If you are facing criminal charges in New York City, contact Cody Warner, P.C. for a free consultation. We are NYC criminal lawyers who can develop a tailored defense strategy for your case.

The New York Self Defense Law (P.L. 35.15(1))

Before we explain New York self-defense laws, let’s look at the actual self-defense statute, Penal Law 35.15(1):

A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless:

  • The latter’s conduct was provoked by the actor with intent to cause physical injury to another person; or
  • The actor was the initial aggressor; except that in such case the use of physical force is nevertheless justifiable if the actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force; or
  • The physical force involved is the product of a combat by agreement not specifically authorized by law.

The Elements of New York’s Self Defense Law

As shown, the NY self-defense law provides that a person may use physical force upon another person. However, such force must be what the person “reasonably believes” to be necessary to defend himself or another from the use or imminent use of unlawful physical force.

“Reasonably believes” has a two-part analysis under New York law. First, the actor must actually believe that the force used is necessary to defend himself. Second, that belief must be reasonable.

For instance, if Person A pushes Person B, and person B then beats Person A to a pulp after Person A was on the ground and not fighting back, the court might find that such force wasn’t reasonably necessary, even if Person B believed it to be necessary.

The self-defense statute also contains a few exceptions to the general rule that allows self defense.

First, a self-defense claim is unavailable if the person provoked the assailant to assault him.

Second, a self-defense claim is unavailable to the initial aggressor, unless he had clearly withdrawn from the encounter.

Third, a self-defense claim is unavailable in “duel” situations where the participants agreed to the combat.

Deadly Physical Force and the Duty to Retreat

When deadly physical force (e.g., weapons) is involved, the New York self-defense analysis is different. The rules in the previous section apply to fistfights and situations without deadly physical force.

When deadly physical force is involved, New York’s “duty to retreat” laws apply. Under the duty to retreat laws, a person may not use deadly physical force on someone if he knows he can safely retreat to safety. Some exceptions apply. For instance, you don’t have to retreat if you are in your home and you are not the initial aggressor. In that situation, you can use deadly physical force to defend against deadly physical force.

Duty to Retreat Law Under P.L. 35.15(2)

The duty to retreat provisions of New York self-defense law are codified under P.L. 35.15(2):

A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:

(a) The actor reasonably believes that such other person is using or
about to use deadly physical force. Even in such case, however, the
actor may not use deadly physical force if he or she knows that with
complete personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actor is under no
duty to retreat if he or she is:

(i) in his or her dwelling and not the initial aggressor; or

(ii) a police officer or peace officer or a person assisting a police
officer or a peace officer at the latter’s direction, acting pursuant to
section 35.30; or

(b) He or she reasonably believes that such other person is committing
or attempting to commit a kidnapping, forcible rape, forcible aggravated
sexual abuse, a crime formerly defined in section 130.50 of this chapter
by force, or robbery; or

(c) He or she reasonably believes that such other person is committing
or attempting to commit a burglary, and the circumstances are such that
the use of deadly physical force is authorized by subdivision three of
section 35.20.

As shown, in certain situations, you do not need to retreat. You are legally entitled to defend against deadly physical force with deadly physical force.

Need Help?

The application of self-defense laws to any case come down to the specific facts of the incident. If you are facing domestic violence, assault, or murder charges in New York City, contact Cody Warner, P.C. for a free consultation. We can discuss your case to develop the best possible defense strategy.