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Article 35 - NY Penal Law
DEFENSE OF JUSTIFICATION
|35.00||Justification; a defense.|
|35.10||Justification; use of physical force generally.|
|35.15||Justification; use of physical force in defense of a person.|
|35.20||Justification; use of physical force in defense of premises and in defense of a person in the course of burglary.|
|35.25||Justification; use of physical force to prevent or terminate larceny or criminal mischief.|
|35.27||Justification; use of physical force in resisting arrest prohibited.|
|35.30||Justification; use of physical force in making an arrest or in preventing an escape.|
S 35.00 Justification; a defense. In any prosecution for an offense, justification, as defined insections 35.05 through 35.30, is a defense.S 35.05 Justification; generally. Unless otherwise limited by the ensuing provisions of this articledefining justifiable use of physical force, conduct which wouldotherwise constitute an offense is justifiable and not criminal when: 1. Such conduct is required or authorized by law or by a judicialdecree, or is performed by a public servant in the reasonable exerciseof his official powers, duties or functions; or 2. Such conduct is necessary as an emergency measure to avoid animminent public or private injury which is about to occur by reason of asituation occasioned or developed through no fault of the actor, andwhich is of such gravity that, according to ordinary standards ofintelligence and morality, the desirability and urgency of avoiding suchinjury clearly outweigh the desirability of avoiding the injury soughtto be prevented by the statute defining the offense in issue. Thenecessity and justifiability of such conduct may not rest uponconsiderations pertaining only to the morality and advisability of thestatute, either in its general application or with respect to itsapplication to a particular class of cases arising thereunder. Wheneverevidence relating to the defense of justification under this subdivisionis offered by the defendant, the court shall rule as a matter of lawwhether the claimed facts and circumstances would, if established,constitute a defense.S 35.10 Justification; use of physical force generally. The use of physical force upon another person which would otherwiseconstitute an offense is justifiable and not criminal under any of thefollowing circumstances: 1. A parent, guardian or other person entrusted with the care andsupervision of a person under the age of twenty-one or an incompetentperson, and a teacher or other person entrusted with the care andsupervision of a person under the age of twenty-one for a specialpurpose, may use physical force, but not deadly physical force, uponsuch person when and to the extent that he reasonably believes itnecessary to maintain discipline or to promote the welfare of suchperson. 2. A warden or other authorized official of a jail, prison orcorrectional institution may, in order to maintain order and discipline,use such physical force as is authorized by the correction law. 3. A person responsible for the maintenance of order in a commoncarrier of passengers, or a person acting under his direction, may usephysical force when and to the extent that he reasonably believes itnecessary to maintain order, but he may use deadly physical force onlywhen he reasonably believes it necessary to prevent death or seriousphysical injury. 4. A person acting under a reasonable belief that another person isabout to commit suicide or to inflict serious physical injury uponhimself may use physical force upon such person to the extent that hereasonably believes it necessary to thwart such result. 5. A duly licensed physician, or a person acting under a physician'sdirection, may use physical force for the purpose of administering arecognized form of treatment which he or she reasonably believes to beadapted to promoting the physical or mental health of the patient if (a)the treatment is administered with the consent of the patient or, if thepatient is under the age of eighteen years or an incompetent person,with the consent of the parent, guardian or other person entrusted withthe patient's care and supervision, or (b) the treatment is administeredin an emergency when the physician reasonably believes that no onecompetent to consent can be consulted and that a reasonable person,wishing to safeguard the welfare of the patient, would consent. 6. A person may, pursuant to the ensuing provisions of this article,use physical force upon another person in self-defense or defense of athird person, or in defense of premises, or in order to prevent larcenyof or criminal mischief to property, or in order to effect an arrest orprevent an escape from custody. Whenever a person is authorized by anysuch provision to use deadly physical force in any given circumstance,nothing contained in any other such provision may be deemed to negate orqualify such authorization.S 35.15 Justification; use of physical force in defense of a person. 1. A person may, subject to the provisions of subdivision two, usephysical force upon another person when and to the extent he or shereasonably believes such to be necessary to defend himself, herself or athird person from what he or she reasonably believes to be the use orimminent use of unlawful physical force by such other person, unless: (a) The latter's conduct was provoked by the actor with intent tocause physical injury to another person; or (b) The actor was the initial aggressor; except that in such case theuse of physical force is nevertheless justifiable if the actor haswithdrawn from the encounter and effectively communicated suchwithdrawal to such other person but the latter persists in continuingthe incident by the use or threatened imminent use of unlawful physicalforce; or (c) The physical force involved is the product of a combat byagreement not specifically authorized by law. 2. A person may not use deadly physical force upon another personunder circumstances specified in subdivision one unless: (a) The actor reasonably believes that such other person is using orabout to use deadly physical force. Even in such case, however, theactor may not use deadly physical force if he or she knows that withcomplete personal safety, to oneself and others he or she may avoid thenecessity of so doing by retreating; except that the actor is under noduty to retreat if he or she is: (i) in his or her dwelling and not the initial aggressor; or (ii) a police officer or peace officer or a person assisting a policeofficer or a peace officer at the latter`s direction, acting pursuant tosection 35.30; or (b) He or she reasonably believes that such other person is committingor attempting to commit a kidnapping, forcible rape, forcible criminalsexual act or robbery; or (c) He or she reasonably believes that such other person is committingor attempting to commit a burglary, and the circumstances are such thatthe use of deadly physical force is authorized by subdivision three ofsection 35.20.S 35.20 Justification; use of physical force in defense of premises and in defense of a person in the course of burglary. 1. Any person may use physical force upon another person when he orshe reasonably believes such to be necessary to prevent or terminatewhat he or she reasonably believes to be the commission or attemptedcommission by such other person of a crime involving damage to premises.Such person may use any degree of physical force, other than deadlyphysical force, which he or she reasonably believes to be necessary forsuch purpose, and may use deadly physical force if he or she reasonablybelieves such to be necessary to prevent or terminate the commission orattempted commission of arson. 2. A person in possession or control of any premises, or a personlicensed or privileged to be thereon or therein, may use physical forceupon another person when he or she reasonably believes such to benecessary to prevent or terminate what he or she reasonably believes tobe the commission or attempted commission by such other person of acriminal trespass upon such premises. Such person may use any degree ofphysical force, other than deadly physical force, which he or shereasonably believes to be necessary for such purpose, and may use deadlyphysical force in order to prevent or terminate the commission orattempted commission of arson, as prescribed in subdivision one, or inthe course of a burglary or attempted burglary, as prescribed insubdivision three. 3. A person in possession or control of, or licensed or privileged tobe in, a dwelling or an occupied building, who reasonably believes thatanother person is committing or attempting to commit a burglary of suchdwelling or building, may use deadly physical force upon such otherperson when he or she reasonably believes such to be necessary toprevent or terminate the commission or attempted commission of suchburglary. 4. As used in this section, the following terms have the followingmeanings: (a) The terms "premises," "building" and "dwelling" have the meaningsprescribed in section 140.00; (b) Persons "licensed or privileged" to be in buildings or upon otherpremises include, but are not limited to: (i) police officers or peace officers acting in the performance oftheir duties; and (ii) security personnel or employees of nuclear powered electricgenerating facilities located within the state who are employed as partof any security plan approved by the federal operating license agenciesacting in the performance of their duties at such generating facilities.For purposes of this subparagraph, the term "nuclear powered electricgenerating facility" shall mean a facility that generates electricityusing nuclear power for sale, directly or indirectly, to the public,including the land upon which the facility is located and the safety andsecurity zones as defined under federal regulations.S 35.25 Justification; use of physical force to prevent or terminate larceny or criminal mischief. A person may use physical force, other than deadly physical force,upon another person when and to the extent that he or she reasonablybelieves such to be necessary to prevent or terminate what he or shereasonably believes to be the commission or attempted commission by suchother person of larceny or of criminal mischief with respect to propertyother than premises.S 35.27 Justification; use of physical force in resisting arrest prohibited. A person may not use physical force to resist an arrest, whetherauthorized or unauthorized, which is being effected or attempted by apolice officer or peace officer when it would reasonably appear that thelatter is a police officer or peace officer.S 35.30 Justification; use of physical force in making an arrest or in preventing an escape. 1. A police officer or a peace officer, in the course of effecting or attempting to effect an arrest, or of preventing or attempting to prevent the escape from custody, of a person whom he or she reasonably believes to have committed an offense, may use physical force when and to the extent he or she reasonably believes such to be necessary to effect the arrest, or to prevent the escape from custody, or in self-defense or to defend a third person from what he or she reasonably believes to be the use or imminent use of physical force; except that deadly physical force may be used for such purposes only when he or she reasonably believes that: (a) The offense committed by such person was: (i) a felony or an attempt to commit a felony involving the use or attempted use or threatened imminent use of physical force against a person; or (ii) kidnapping, arson, escape in the first degree, burglary in the first degree or any attempt to commit such a crime; or (b) The offense committed or attempted by such person was a felony and that, in the course of resisting arrest therefor or attempting to escape from custody, such person is armed with a firearm or deadly weapon; or (c) Regardless of the particular offense which is the subject of the arrest or attempted escape, the use of deadly physical force is necessary to defend the police officer or peace officer or another person from what the officer reasonably believes to be the use or imminent use of deadly physical force. 2. The fact that a police officer or a peace officer is justified in using deadly physical force under circumstances prescribed in paragraphs (a) and (b) of subdivision one does not constitute justification for reckless conduct by such police officer or peace officer amounting to an offense against or with respect to innocent persons whom he or she is not seeking to arrest or retain in custody. 3. A person who has been directed by a police officer or a peace officer to assist such police officer or peace officer to effect an arrest or to prevent an escape from custody may use physical force, other than deadly physical force, when and to the extent that he or she reasonably believes such to be necessary to carry out such police officer's or peace officer's direction, unless he or she knows that the arrest or prospective arrest is not or was not authorized and may use deadly physical force under such circumstances when: (a) He or she reasonably believes such to be necessary for self-defense or to defend a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force; or (b) He or she is directed or authorized by such police officer or peace officer to use deadly physical force unless he or she knows that the police officer or peace officer is not authorized to use deadly physical force under the circumstances. 4. A private person acting on his or her own account may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of a person whom he or she reasonably believes to have committed an offense and who in fact has committed such offense; and may use deadly physical force for such purpose when he or she reasonably believes such to be necessary to: (a) Defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force; or (b) Effect the arrest of a person who has committed murder, manslaughter in the first degree, robbery, forcible rape or forcible criminal sexual act and who is in immediate flight therefrom. 5. A guard, police officer or peace officer who is charged with the duty of guarding prisoners in a detention facility, as that term is defined in section 205.00, or while in transit to or from a detention facility, may use physical force when and to the extent that he or she reasonably believes such to be necessary to prevent the escape of a prisoner from a detention facility or from custody while in transit thereto or therefrom.Top of Page
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Justification; use of physical force in defense of premises and in defense of a person in the course of burglary. Justification; use of physical force to prevent or terminate larceny or criminal mischief. Justification; use of physical force in resisting arrest prohibited.What is the justification defense in NY? ›
New York law permits the use of self-defense, also referred to as “justification,” in limited situations. Notably, it is a defense that may be asserted in specific cases where the defendant's use of physical force would otherwise constitute a criminal act.What article of the New York state penal law relates to justification self defense? ›
Article 35 - (35.00 - 35.30) DEFENSE OF JUSTIFICATION. 35.15 - Justification; use of physical force in defense of a person. 35.15 Justification; use of physical force in defense of a person. (c) The physical force involved is the product of a combat by agreement not specifically authorized by law.Is justification an affirmative defense in NY? ›
Justification can be an affirmative defense for certain criminal charges in New York, but there are many other types of affirmative defenses that you should know about.What does the NY Penal Code Article 35 relate to? ›
(c) Regardless of the particular offense which is the subject of the arrest or attempted escape, the use of deadly physical force is necessary to defend the peace officer or another person from what the officer reasonably believes to be the use or imminent use of deadly physical force.What are the four types of justification defenses? ›
 Justification defenses include self-defense, defense of others, necessity and consent.What is considered a justification defense? ›
Justification is a defense in a criminal case, by which a defendant who committed the acts asserts that because what they did meets certain legal standards, they are not criminally culpable for the acts which would otherwise be criminal.What is the penal law 35.15 in NY? ›
NY Penal Law 35.15 states: …a person may use physical force upon another individual when, and to the extent that, he/she reasonably believes it to be necessary to defend himself/herself [or someone else] from what he/she reasonably believes to be the use or imminent use of [unlawful] physical force by such individual.What is the penal law 35.10 in NY? ›
A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon such person to the extent that he reasonably believes it necessary to thwart such result.What is the penal code 35.15 in NY? ›
New York Consolidated Laws, Penal Law - PEN § 35.15 Justification; use of physical force in defense of a person. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code.
Prior to 1965, the defense of justification in New York had never been fully articulated in the Penal Law. In 1965 however, a new concept, justifiable deadly force, was defined in the law through the adoption of the revised Penal Law. The 1965 revision restricted the use of lethal force only to preserve innocent life.What are two types of defenses where justification is used as a form of affirmative defense? ›
A justification defense says that the defendant's actions, which would normally be illegal, were necessary in the situation to protect oneself, others, or property or to stop harm. Self-defense, defense of others, defense of property, and necessity are all types of justification defenses.What is an affirmative defense of justification? ›
An affirmative defense is based on justification when it claims that criminal conduct is justified under the circumstances. An affirmative defense is based on excuse when it claims that the criminal defendant should be excused for his or her conduct.What is Section 35.30 in the New York Penal Law? ›
Section 35.30 - Justification; use of physical force in making an arrest or in preventing an escape, N.Y.What is the no sock law in NY? ›
Basically, New York's “No Sock law” means is that an individual does not have a right to assault an officer, whether the arrest is authorized or unauthorized. The case law in New York has described circumstances and levels of resistance to an unlawful arrest that is deemed acceptable. People v. Jones, 90 N.Y.What is Article 34 of the New York State Vehicle and Traffic law? ›
Passengers on bicycles under one year of age prohibited; passengers and operators under fourteen years of age to wear protective headgear. Reflective material and devices for in-line skating.What are the 4 most important justification criminal defenses? ›
When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.Which one of the following defenses is not considered a justification defense? ›
The insanity defense refers to a defense that a defendant can plead in a criminal trial. In an insanity defense, the defendant admits the action but asserts a lack of culpability based on mental illness. The insanity defense is classified as an excuse defense, rather than a justification defense.What are the 5 elements to justify self-defense? ›
- Principle 1: Innocence. ...
- Principle 2: Imminence. ...
- Principle 3: Proportionality. ...
- Principle 4: Avoidance. ...
- Principle 5: Reasonableness.
Insanity defense is the single most controversial legal doctrine relating to the mentally ill. All the formulations of the insanity defense require that the impairment claimed in mental functioning being a result of mental disease or defect. Defect is usually understood to refer to mental retardation.
Justification defenses include Necessity,Defense of others, Defense of property, Law Enforcement Defense, Consent. Excuse defenses include Duress, Entrapment, Ignorance of the Law, Diminished Capacity Defense, Provocation, Insanity Defense, and Infancy Defense.What are the 5 types of justification? ›
The five justification defenses are self-defense, necessity, duress, protecting others from harm, and defending your personal property.What is penal law 160.10 in New York? ›
Second Degree Robbery: New York Penal Law 160.10(1)
If you forcibly steal property from someone, regardless of what it is, and you are assisted by another person who is present, then you are guilty of Second Degree Robbery pursuant to NY Penal Law 160.10(1).
Section two amends the penal law by adding a new section 265.50 to provide that no person who owns or is custodian of a rifle, shotgun or firearm shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or ...What is penal law 175.30 in New York? ›
One of the many white collar crimes handled by the New York criminal lawyers at Saland Law, NY Penal Law section 175.30 is defined as follows: You are guilty of Offering a False Instrument for Filing in the Second Degree, PL 175.30, when you knowingly engage in certain conduct of a fraudulent nature.What is penal law 160.55 in New York? ›
Sealed Records: Violations and Traffic Infractions (CPL § 160.55) All Traffic Infractions and Violations, except for Driving While Ability Impaired (VTL § 1192(1) and Loitering for the Purpose of Engaging in a Prostitution Offense (PL § 240.37), are sealed under CPL §160.55.What is penal law 120.3 in NY? ›
Under New York Penal Code § 120.03 you will face a charge of vehicular assault in the second degree if you cause serious physical injury to another person, and: You operate a vehicle while you are legally intoxicated, meaning that your blood alcohol level is at last .What is penal law 222.45 in New York? ›
A person is guilty of unlawful sale of cannabis when he or she knowingly and unlawfully sells cannabis or concentrated cannabis. Unlawful sale of cannabis is a violation punishable by a fine of not more than two hundred fifty dollars. Added by New York Laws 2021, ch.What is penal law 165.45 in New York State? ›
Penal Law § 165.45. A person is guilty of criminal possession of stolen property in the fourth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when: 1.Does NY have stand your ground law? ›
Missouri is one of about 30 states with a “stand your ground” law. New York is not, but defendants there and elsewhere can argue that their actions are protected by what is known as the “castle doctrine.”
According to this doctrine, individuals can use physical force and even deadly physical force to defend their property against attackers. The rationale behind the castle doctrine is that a person's home is “their castle,” and you shouldn't have to flee your home when defending it against intruders.Does NY have a castle doctrine? ›
New York does not have a stand your ground law. State law explicitly imposes a duty to retreat before resorting to deadly force outside the home.What are the defenses of justification and excuse? ›
The defense of justification is applied when acts are carried out to prevent or redress harm. Excuse, on the other hand, is a defense that asserts the actor's mental inability to consciously do evil. The article discusses the historical evolution of legal exculpation, noting the emphasis on excuse in the last century.How many justification defenses are there? ›
These defenses are intended to demonstrate to the judge or jury why the accused individual allegedly committed the crime. The five justification defenses include: Necessity: This defense says that someone committed a crime to prevent a greater crime from happening.What are the 3 categories of defense? ›
The Defense Attorney
These fall into three broad categories: assigned counsel, contract systems, and public defenders.
An Affirmative Defense can be valid, even if the allegations against the defendant are admitted or proven. In criminal law, Affirmative Defenses can be broadly categorized as excuse or justification defenses. Justification defenses are allowed when the defendant did not actually violate the law.What is burden of proof affirmative defense? ›
The Burden of Proof for Affirmative Defenses
A defendant is not required to prove their innocence at a criminal trial. Instead, it is up to the prosecution to prove every individual element of the crime with which they've been charged beyond a reasonable doubt.
An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.What is Section 210.45 of the Penal Law of the State of New York? ›
A person is guilty of making a punishable false written statement when he knowingly makes a false statement, which he does not believe to be true, in a written instrument bearing a legally authorized form notice to the effect that false statements made therein are punishable.What is penal law 240.30 in NY? ›
§ 240.30 Aggravated harassment in the second degree. A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she: 1.
|405.00||Permits for public displays of fireworks.|
|405.05||Seizure and destruction of fireworks.|
|405.10||Permits for indoor pyrotechnics.|
|405.12||Unpermitted use of indoor pyrotechnics in the second degree.||A MISD|
- It's Illegal to Sell Dog or Cat hair. ...
- One cannot wear slippers after 10 pm. ...
- One is not allowed to toss a ball at someones head just for fun. ...
- One must purchase a license for placing wet clothes on a clothesline to dry. ...
- Men are forbidden to wear a jacket without matching pants. ...
- No One is Allowed to pee on Pigeons in the Park.
There is absolutely no requirement that you answer the door if the police knock. Just as if a police officer were to approach you on the street you have no obligation to speak to the officer and no obligation to answer the door.What is the sitting law in New York? ›
Enacts the "standing is tiring (sit) act"; requires employers to provide suitable seats to all employees where the nature of such employees' work reasonably permits seated work; prohibits employers from artificially designing a work space to require standing; requires the department of labor to determine whether the ...What is Article 35 NY law? ›
The New York Penal Law, Article 35 defines under what circumstances a person may use physical force and even deadly physical force to effect an arrest, stop a crime, and defend himself or herself from force being used against the person or a third person.What is NYS Article 35? ›
Any person may use physical force upon another person when he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of a crime involving damage to premises.What is 1174 of the New York vehicle and Traffic Law? ›
NY VTL § 1174(a): Failure to Stop for a School Bus
Passing a stopped school bus with flashing red lights is a serious offense in New York. When a school bus flashes its signal lights, all lanes of traffic on both sides of the road must come to a complete stop, even if the opposing lines of traffic are divided.
Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens imminent injury or death, and (3) an objectively reasonable degree of force, used in response to (4) an objectively reasonable fear of injury or death.What is the burden of proof justification? ›
Holder of the burden
When two parties are in a discussion and one makes a claim that the other disputes, the one who makes the claim typically has a burden of proof to justify or substantiate that claim especially when it challenges a perceived status quo.
But, CPLR 3018(b) defines “affirmative defense” robustly as: (i) any matter “which if not pleaded would be likely to take the adverse party by surprise,” or (ii) any matter which “raises issues of fact not appearing on the face of a prior pleading.” So, defenses other than those listed above have been held to be “ ...
A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon such person to the extent that he reasonably believes it necessary to thwart such result.Which one of the following defense is not considered a justification defense? ›
The insanity defense refers to a defense that a defendant can plead in a criminal trial. In an insanity defense, the defendant admits the action but asserts a lack of culpability based on mental illness. The insanity defense is classified as an excuse defense, rather than a justification defense.What is an example of justifiable self-defense? ›
When acting in self-defense, you are generally only permitted to use the level of force necessary to stop the perceived threat of harm. For example, if someone threatened to punch you, shooting and killing them would exceed the level of force necessary to fend off the threat.
Three levels of the burden of proof, "beyond a reasonable doubt," a "preponderance of the evidence," and "clear and convincing" determine the level of evidence required for a claim.What are the three elements of burden of proof? ›
beyond a reasonable doubt in criminal law. clear and convincing evidence in fraud in will disputes. preponderance of the evidence in most civil cases. probable cause in the acquisition of a warrant or arrest proceeding.What is the hardest crime to prove? ›
- Crimes Against Minors. It can be challenging to defend clients who have been accused of crimes against minors. ...
- Murder, First Degree. The most severe criminal charge that anybody may face is first-degree murder. ...
- White Collar Crimes.
"To state a cause of action for unjust enrichment, a plaintiff must allege that it conferred a benefit upon the defendant, and that the defendant will obtain such benefit without adequately compensating plaintiff therefor.”Is justification an affirmative defense? ›
In criminal law, an affirmative defense is sometimes called a justification or excuse defense. Consequently, affirmative defenses limit or excuse a defendant's criminal culpability or civil liability.What is the difference between defense and affirmative defense? ›
A denial or failure of proof defense focuses on the elements of the crime and prevents the prosecution from meeting its burden of proof. An affirmative defense is a defense that raises an issue separate from the elements of the crime.