New York Self Defense Laws 2024: Understanding Your Rights

If you are charged with a violent offense in New York, it is important to understand the laws surrounding your charges. The state of New York has several self defense laws that outline self defense and your rights in terms of using force to defend yourself. If you are facing criminal charges in New York, you should also reach out to an experienced New York criminal defense attorney as soon as you can.

Your criminal defense attorney can help you understand the relevance of the state’s self defense laws to your case.

What Is Self Defense in New York?

It’s possible to face murder or assault charges when you were, in fact, acting in self defense in order to protect yourself or others. This can be an effective defense that can allow you to avoid a conviction for a violent crime. In general, the act of self defense is the use of force to protect yourself or protect another person from imminent, unlawful harm.

In the state of New York, you are legally allowed to use self defense, according to Article 35 of the New York State Penal Law. However, your use of violence must be within certain parameters. You will also have to be able to show evidence that you were acting in self defense if you are accused of a crime. If you used self defense, you must keep the following factors in mind:

• You Must Have Reasonable Belief That Force Is Necessary: If you are defending yourself or another person from harm, you must have a reasonable belief that you are in immediate harm.For example, if someone verbally threatens you but does not exhibit physical aggression toward you, you might not be able to reasonably believe that you are in immediate harm. Every case of self defense is a bit different, and you should consult with a self defense attorney to review the facts of your case. The threat of harm must be evident to any reasonable person.
• There Must Be an Imminent Threat: In order to avoid criminal charges on the basis of self defense, you must have been facing an imminent physical threat. For instance, if someone has threatened to hurt you in the past and you seek them out to hurt them, this is not an imminent threat because you are not in danger at the moment that you hurt them.However, if someone is physically aggressive toward you on the street and you have to use physical force to protect yourself from harm, you have the right to use violence.
• You Must Use Proportional Force: If you use physical or deadly force in an act of self defense, you need to use the amount of force proportional to the threat you are facing. For instance, you only have the right to use deadly force if there is a serious threat of death to you or another person.
• Preventing Crime: If you believe that your use of physical force protects property from larceny, then you have the right to use force in the state of New York.

FAQs

Q: Do You Have the Right to Defend Yourself In New York?

A: Yes, if you are in New York, according to New York Penal Law Article 35, you are allowed to use force on another person to the extent that you reasonably believe necessary to defend yourself from harm. The use of the word reasonably here emphasizes that you must use your judgment when it comes to how much force is necessary to protect yourself from the threat you are facing.

Q: What Is Article 35 of the New York State Penal Law?

A: Article 35 of the New York State Penal Law outlines the laws of using physical defense to defend yourself. Ultimately, this article summarizes how you are allowed to use physical or deadly force when you reasonably believe it necessary to defend yourself or another person from the use of unlawful force. You are also allowed to use force to prevent larceny if you reasonably believe that it is necessary to prevent the crime. This law also specifies that you are not allowed to use force to resist arrest.

Q: Are There Self Defense Laws In New York?

A: If you are in New York, you are subject to the self defense laws in the state. According to Article 35 of the state’s penal law, you are allowed to defend yourself with the use of physical or deadly force if you believe it is reasonably necessary to protect yourself or another person from unlawful harm. In general, you are allowed to only use as much force as is proportionate to the threat you or the person you are protecting is facing.

Q: Who Has the Burden of Proof for Self Defense in New York?

A: In general, the burden of proof for self defense in New York falls on the prosecution. This means that if you claim you were acting in self defense, the prosecution must be able to prove that you were not acting in self-defense in order to convict you. However, the defense also has to be able to provide some evidence to support your claim about self defense. In order to better understand what evidence is required in your case, you should consult with your criminal defense attorney.

Contact a New York Criminal Defense Attorney Today

Even if you were acting in self defense, you still will need an experienced criminal defense attorney to fight for you when accused of a violent crime. These crimes can have serious, life-changing negative consequences, and you should not advocate for yourself alone.

Your criminal defense attorney can help you gather and use evidence in order to help fight for your rights. At The Vitaliano Law Firm, our attorney is an experienced, award-winning New York criminal defense lawyer, and he can carefully review your case to determine how the self defense laws come into play. Contact our office here at The Vitaliano Law Firm to learn more about how we can help.