When Force Is Used
Penal Law § 35.30 — force reasonably believed necessary to arrest, deadly force only in listed cases
New York's rule for police force in an arrest is Penal Law section 35.30. A police officer or peace officer, arresting or preventing the escape of a person reasonably believed to have committed an offense, may use physical force when and to the extent the officer reasonably believes it necessary to make the arrest, prevent the escape, or defend the officer or a third person from what the officer reasonably believes to be the use or imminent use of physical force.
- The offense was a felony, or an attempted felony, involving the use or attempted use or threatened imminent use of physical force against a person.
- The offense was kidnapping, arson, escape in the first degree, burglary in the first degree, or an attempt at one of them.
- The offense was a felony and, resisting arrest or escaping, the person is armed with a firearm or deadly weapon.
- Whatever the offense, deadly physical force is necessary to defend the officer or another person from what the officer reasonably believes to be the use or imminent use of deadly physical force.
Those are the only cases in which the section allows deadly physical force, and in each the test is what the officer reasonably believes. The section adds that being justified in deadly force under the first three does not justify reckless conduct by the officer amounting to an offense against innocent people the officer is not seeking to arrest or keep in custody.
A chokehold that seriously injures is a felony for an officer. A police officer or peace officer is guilty of aggravated strangulation when the officer commits criminal obstruction of breathing or blood circulation, or uses a chokehold or similar restraint, and thereby causes serious physical injury or death to another person. Aggravated strangulation is a class C felony.
A claim against a city or county starts with a notice of claim within ninety days. Where a notice of claim is required before suing a public corporation or its officers or employees in tort, it is served within ninety days after the claim arises. An action against a city, county, town or village for personal injury caused by the negligence or wrongful act of its officer or employee needs that notice, at least thirty days to have passed after it was served without the claim being adjusted or paid, and must be commenced within one year and ninety days after the event. Separately, CPLR 215 sets one year for an action for assault, battery or false imprisonment.
This is the statute, not an assessment. Whether any particular use of force was justified, which deadline governs a claim against which defendant, whether a federal claim exists beside the state one, and what immunities apply turn on facts and on case law these sections do not contain. A licensed New York attorney, early rather than late, is who answers them.
Sources for this section (5)
- Penal Law § 35.30 — Justification; use of physical force in making an arrest or in preventing an escape
- Penal Law § 121.13-a — Aggravated strangulation
- Gen. Mun. Law § 50-e — Notice of claim
- Gen. Mun. Law § 50-i — Presentation of tort claims; commencement of actions
- CPLR 215 — Actions to be commenced within one year
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.