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Self-defense in New York aligns with Andrew Branca's five elements:
1. Innocence (Not the Initial Aggressor): The defender must not have provoked the conflict with intent to cause physical injury, been the initial aggressor, or engaged in mutual combat. An "initial aggressor" is the first to use or threaten imminent unlawful physical force, not necessarily who strikes first if responding to an imminent threat. Words alone do not constitute aggression. An initial aggressor can regain innocence by withdrawing and effectively communicating it, provided the other person persists with deadly force. People v. Guerra illustrates this complexity.
2. Imminence (Immediate Threat): The threat must be "actually occurring or immediately about to occur" ("right now"). Threats of future harm are not justified. A person need not wait to be struck if an attack is reasonably believed to be imminent.
3. Proportionality (Matching Force to Threat): Force must not be excessive. Non-deadly force is justified against "unlawful physical force". "Deadly physical force" is force "readily capable of causing death or other serious physical injury". Deadly force is justified only against "unlawful deadly physical force" or to prevent specific violent felonies: kidnapping, forcible rape, forcible criminal sexual act, or robbery. For premises defense, deadly force is authorized to prevent arson or burglary of a dwelling. Disparity of force (e.g., multiple attackers, size difference) can make an unarmed attack a deadly force threat.
4. Avoidance (Duty to Retreat): As a "Duty to Retreat" state, deadly force is prohibited if one "knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating". This duty applies only to deadly force, not non-deadly force. The "Castle Doctrine" is a key exception: no duty to retreat if in one's own "dwelling" and not the initial aggressor. A "dwelling" is a building or part usually occupied at night, but does not extend to common areas, public spaces, businesses, or vehicles; exclusive possession and control are key. People v. Aiken narrowly defined "dwelling". Police officers are exempt from this duty. Legislative proposals (S1120, S1473) to eliminate the duty to retreat entirely have not yet passed.
5. Reasonableness (Hybrid Subjective-Objective Standard): This overarching principle requires a defender's perceptions and actions to be those of a "reasonable person in the defendant's situation". The landmark case People v. Goetz established a "hybrid subjective-objective standard". This involves a subjective prong (did the defendant actually believe force was necessary?) and an objective prong (would a "reasonable person" in the defendant's exact circumstances, including knowledge, past experiences, and physical attributes, have shared that belief?). Reasonable mistakes of fact are considered.
Even if justified, individuals can face initial arrest and criminal charges (e.g., assault, homicide) during investigation. Civil lawsuits from attackers or their families are also possible, although some legislative proposals aim to provide immunity and cover legal fees for justified actions. The use of illegally possessed weapons can undermine a self-defense claim and lead to separate charges. New York Penal Law § 35.27 prohibits using physical force to resist arrest, even if unauthorized, if the actor reasonably appears to be a police officer. Practical advice emphasizes seeking legal assistance, documenting the incident, understanding rights, and demonstrating formal self-defense training. The Simran Gordon case exemplifies the application of these laws for police officers, with the OSI finding the officer's use of deadly force justified due to reasonable belief of imminent deadly threat and impossibility of safe retreat.

New York Self-Defense Law: A Comprehensive Guide to Justification

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New York Self-Defense Law: A Comprehensive Guide to Justification

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