New York does not have a “stand-your-ground” law. Instead, New York imposes a duty to retreat before resorting to deadly force outside the home. This means that if you are in a public place and are confronted with serious physical harm, you must retreat if you can do so safely.
Key points about New York’s self-defense laws:
- Duty to Retreat: Outside your home, you must avoid confrontation and retreat if it is safe before using force. You can only use force, including deadly force, to defend yourself if you cannot safely retreat.
- Castle Doctrine: In your own home, you have no duty to retreat and can use reasonable force, including deadly force, to defend yourself against an intruder, as long as you were not the initial aggressor. You are permitted to use force, but not deadly force, to stop vandalism or theft, but you may only use deadly force if you believe an arson, kidnapping, assault, or murder will occur.
- Use of Force: New York law justifies the use of lethal force in public when it is necessary to prevent imminent death or serious bodily harm to oneself or another person
- Legal Consequences: Misjudging a situation or using excessive force can result in criminal charges, including manslaughter or murder.
Stand-Your-Ground Law Explained:
A stand-your-ground law allows individuals to use deadly force when they believe it is necessary to defend against great harm or deadly force, without a duty to retreat. These laws, which exist in many states, remove the obligation to step back and avoid confrontation where possible.
SOURCES
[1] https://www.newyorkcriminallawyer.com/can-you-stand-your-ground-in-new-york-city/
[2] https://en.wikipedia.org/wiki/Stand-your-ground_law
[3] https://www.bbc.com/news/world-us-canada-65282084
[4] https://www.1800law1010.com/blog/what-are-your-rights-nys-stand-your-ground-laws-self-defense/
