About New York Self-Defense Laws

Self-defense is a term used to describe any actions taken to prevent one or more persons from causing harm. Although the law in New York allows a person to defend himself herself or another, there are limits. The measures of protection must be reasonable given the circumstances. If homicide is necessary to remove yourself or others from danger, it is considered justified under New York's self-defense laws.

Prevention/Solution

Although we cannot always avoid conflict, we can increase our awareness of its potential. Trying to talk things out is a good way to avoid situations from escalating to physical confrontations. Trusting your instincts can also result in walking away from an unsafe situation. Traveling in groups is always a good idea and may discourage a potential assailant from approaching you. Carrying a cell phone and having it handy allows you to call for help or take a picture of the assailant to provide to the police. Self-defense classes are provided throughout New York City to teach people how to handle an attacker safely and effectively.

Types

There are two types of self-defense. The first type is when you defend yourself or others against an injury from being sustained. In other words, you intervene before anyone gets hurt. This is considered self defense because you are providing a defense against a potential injury. The second type is when actions are taken to prevent further damage from occurring. For example, you are struck by someone and you strike back.

Features

The purpose of self-defense is to escape from danger, not to retaliation. Therefore, only the least amount of force needed to diffuse a dangerous situation is allowed under the law. Also, although this defense generally applies to physical harm, self-defense is applicable in certain instances involving damage to property. Specifically, in cases of arson, burglary or robbery, it is considered lawful to engage in self-defense of property.

Significance

The purpose of self-defense laws is to allow individuals to fight back when in danger to prevent bodily harm without having to worry about being held legally responsible for their actions. Self-defense laws are significant in warding off potential crime. In fact, the Supreme Court has ruled that the Second Amendment gives individuals the right to keep guns in their homes to secure their right for self-protection.

Warning

Although you are legally entitled to defend yourself against bodily harm in New York, there are limits to the extent of this right. Since the sole purpose of defense is to provide protection, you are not permitted to continue to assault an attacker once the perceived threat is gone. In other words, once you have wounded the attacker to allow you to escape, you should do so. Causing additional harm once the attacker is no longer in a position to cause harm to you is not permitted under the law.

Resources

• Justification: Self-Defense