Self Defense
Penal Law § 35.15 — the force reasonably believed necessary, and a duty to retreat before deadly force except at home
Force reasonably believed necessary. A person may use physical force on another when and to the extent the person reasonably believes it necessary to defend themselves or a third person from what they reasonably believe is the use or imminent use of unlawful physical force.
That does not cover a person who:
- Provoked the other person's conduct, intending to cause physical injury.
- Was the initial aggressor, unless the person withdrew, made the withdrawal clear, and the other person kept on with unlawful force or the threat of it.
- Is in a fight by agreement that the law does not authorize.
A duty to retreat, except at home. Deadly physical force is allowed only when the person reasonably believes the other is using or about to use deadly physical force, and even then not when the person knows they can avoid the need with complete safety, to themselves and others, by retreating. There is no duty to retreat in one's own dwelling for someone who is not the initial aggressor.
Deadly physical force is also allowed against what the person reasonably believes is a kidnapping, forcible rape, forcible aggravated sexual abuse or robbery, being committed or attempted.
Burglary of a dwelling. A person in possession or control of a dwelling or an occupied building, or licensed or privileged to be there, who reasonably believes someone is committing or attempting a burglary of it, may use deadly physical force when reasonably believing it necessary to prevent or end the burglary.
To prevent or end a criminal trespass, a person in possession or control of premises may use force short of deadly force, and deadly force only to prevent arson or in the course of a burglary.
Sources for this section (2)
- Penal Law § 35.15 — Justification; use of physical force in defense of a person
- Penal Law § 35.20 — Justification; use of physical force in defense of premises and in defense of a person in the course of burglary
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.