Can You Shoot Someone In Self-defense In New York?
The use of deadly physical force in self-defense is a controversial issue in the United States. Each state has its own laws governing the use of deadly force, and these laws can vary significantly from state to state. In New York, the law of self-defense is codified in Penal Law ยง 35.15.
When is deadly physical force justified in self-defense?
In New York, deadly physical force is justified in self-defense when a person reasonably believes that they are in imminent danger of being killed or seriously injured by another person. This means that the person must have a subjective belief that they are in danger, and that this belief must be objectively reasonable based on the circumstances.
What are the limits on the use of deadly physical force in self-defense?
In New York, a person is not justified in using deadly physical force in self-defense if they are:
- The initial aggressor in the situation.
- Using deadly physical force against someone who is fleeing from them.
- Using deadly physical force against someone who is unarmed and does not pose an imminent threat of death or serious injury.
What are the penalties for using deadly physical force in self-defense?
In New York, a person who uses deadly physical force in self-defense may be charged with a crime, such as manslaughter or murder. However, if the jury finds that the person acted in self-defense, they may be acquitted of all charges.
What should you do if you are justified in using deadly physical force in self-defense?
If you are justified in using deadly physical force in self-defense, you should:
- Call 911 immediately and report the incident.
- Stay at the scene of the incident until the police arrive.
- Cooperate fully with the police investigation.