onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

New York Penal - Article 35 - § 35.15 Justification; Use of Physical Force in Defense of a Person

Legal Research Home > New York Laws > Penal > New York Penal - Article 35 - § 35.15 Justification; Use of Physical Force in Defense of a Person


Penal 
 
  § 35.15 Justification; use of physical force in defense of a person.
    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:
    (a) The latter's conduct was provoked by  the  actor  with  intent  to
  cause physical injury to another person; or
    (b)  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  withdrawn   from   the   encounter  and  effectively  communicated  such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
    (c) The physical  force  involved  is  the  product  of  a  combat  by
  agreement not specifically authorized by law.
    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  criminal
  sexual act 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.
Section:  Previous  Article 35  35.00  35.05  35.10  35.15  35.20  35.25  35.27  35.30  Next

Last modified: February 16, 2014