New York has a notoriously high violent crime rate, and residents and visitors alike can face unexpected risks of encountering dangerous situations throughout the boroughs of New York City. Therefore, it’s vital for everyone living and working in New York City to understand the laws in place designed to protect victims of violent crime and the extent to which they may legally defend themselves from attacks by others.
The attorneys at the Law Offices of Robert Tsigler, PLLC, have years of experience providing criminal defense counsel to clients throughout New York City, including many past clients who have faced criminal prosecution in response to exercising their rights to self-defense. Self-defense is an essential consideration for everyone, and it’s essential to know a few fundamental basics of self-defense and the laws that come into play when you are forced to resort to physical violence to defend yourself from someone else’s aggression.
Duty to Retreat and the Castle Doctrine
Many US states enforce “stand your ground” laws that allow the intended victim of a violent attack to defend themselves immediately when faced with an imminent threat of physical violence. New York’s “duty to retreat” is essentially the opposite. When confronted with a threat of physical harm from another person, such as an assault or robbery, the intended victim must make a reasonable attempt to mitigate harm by fleeing or contacting the police. Only when these actions are not possible is the intended victim legally allowed to act in self-defense.
The Castle Doctrine in New York allows for self-defense within one’s own home. The inspiration for the name of the Castle Doctrine stems from the adage that a person’s home is their “castle,” and they should not have to retreat when their safety is threatened inside of their own home. If someone breaks into your home and poses an imminent threat of physical harm to you or your family, you do not have a duty to retreat and may act immediately in self-defense.
Lethal Force in Self-Defense
Justification is a critical area of concern in any case involving self-defense. This means that an intended victim who acts in self-defense must be justified in using the force they apply to defend themselves. For example, if you are cornered in an alley and have no way of retreating from someone who attempts an armed robbery, you would be justified in using whatever physical force the situation required for you to escape the attacker or neutralize them. Likewise, if they brandished a deadly weapon and you had a New York pistol license and had your own firearm with you, you would likely be justified in using it to defend yourself. However, if you are in your home and someone breaks in to attempt to burglarize your property, but they start to flee as soon as they realize you are home, you would not be justified in shooting them in the back as they tried to leave.
Ultimately, self-defense is typically deemed legally justified when the force applied matches the threat level posed by the would-be attacker. No one can attempt to hide behind any law for killing someone when the killing was not justified by the threat of harm the killed attacker presented. If you kill someone without legal justification, you are likely to face severe criminal charges, up to and including murder charges.
FAQs
The attorneys at the Law Offices of Robert Tsigler, PLLC, understand that many New York City residents are likely to have questions and concerns about applying force in self-defense. Therefore, review the following frequently asked questions our team commonly hears from clients and prospective clients to better understand the legal implications of killing someone in self-defense.
Q: Can You Go to Jail for Killing Someone in Self-Defense in New York?
A: It’s possible to face criminal charges if you kill someone else in self-defense, but you cannot be convicted unless the prosecution can prove beyond a reasonable doubt that the killing was unjustified. Killing in self-defense is legally permitted when the attacker poses an imminent threat of physical harm or death to the intended victim and the intended victim had no means of retreat or escape from the situation. If you kill someone in self-defense and their family files a wrongful death claim against you, justified self-defense would be an affirmative legal defense in this situation as well.
Q: When Is It Legally Permitted to Kill in Self-Defense in New York?
A: New York enforces a duty to retreat, so it is only legally permissible to kill in self-defense when the situation presents no other option. To legally take lethal action against an attacker, the attacker must present an imminent lethal threat to you or your family member.
Q: Does New York Uphold “Stand Your Ground” Laws?
A: New York does not recognize the Stand Your Ground laws upheld in many other US states. It’s important to remember this if you are ever presented with a threat of harm from another person; if you have the opportunity to retreat from the situation or call for help, you must attempt these options before resorting to lethal force against the attacker.
Hopefully, these answers help you better understand the self-defense laws of New York. Most situations that would require lethal force in self-defense happen unexpectedly with minimal warning, and reacting appropriately within a split-second can mean the difference between suffering extreme harm and neutralizing your attacker. However, any unjustifiable force used against an attacker can backfire and lead to criminal charges, even when the attacker objectively poses an imminent threat to your safety.
If you or a loved one has been charged with any crime in response to you exercising your right to self-defense in New York, we can help. The attorneys at the Law Offices of Robert Tsigler, PLLC, have extensive experience representing clients wrongfully accused of homicide charges when they have acted to protect themselves and their loved ones. If you recently were forced to act in self-defense and took the life of your attacker, it’s vital to consult a criminal defense attorney as soon as possible. Contact us today and schedule a consultation with our team to find out how to help in this difficult situation.
