Is Self-Defense a Justification in New York? (2023)

FAQs

Is self-defense a justification or excuse? ›

Although self-defense first appeared in law as an excuse, in the 20th century it has been classified as a justification. Justified conduct is otherwise criminal conduct that under specifiable circumstances does not harm society.

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.

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.

It is important to understand that Self-Defense which is called the defense of Justification in the New York Penal Law is a defense. This is as opposed to an affirmative defense. In New York, once a defense is raised, the burden is on the prosecutor to disprove the defense beyond a reasonable doubt.

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.

In order for self-defense to qualify as a justification defense, your actions must have occurred in response to an imminent threat of physical force together with the victim's intent to follow through on the threat.

New York Penal Law §35.15, authorizes the use of physical force when and to the extent the person reasonably believes that the force is necessary to defend either herself, himself or another person from what the person reasonably believes to be the imminent use of physical force or the actual use of physical force.

New York Penal Law 35.15 states that you can use physical force when and to the extent, you reasonably believe such to be necessary to defend yourself, or another individual from what you believe to be the use or imminent use of unlawful physical force by another individual.

[2] Justification defenses include self-defense, defense of others, necessity and consent.

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 is NYS Penal Law Article 35 defense of justification? ›

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.

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.”

Self-defense is an affirmative defense to a charged violent crime. This means that if someone is charged with murder, or assault, they can use self-defense as a legal excuse for the conduct if they can prove it in a court of law.

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.

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.

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.

Criminal courts require that a judge or jury determine guilt beyond a reasonable doubt, and a good defense can help establish enough doubt that a conviction is not justified. In criminal cases, there are usually four primary defenses used: innocence, self-defense, insanity, and constitutional violations.

The five justification defenses are self-defense, necessity, duress, protecting others from harm, and defending your personal property.

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.

What is the most controversial defense of justification? ›

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.

A: New York enforces a duty to retreat, so it is only legally permissible to kill in self-defense when the situation presents no other option. To legally take lethal action against an attacker, the attacker must present an imminent lethal threat to you or your family member.

The common law principle of “castle doctrine” says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. This principle has been codified and expanded by state legislatures.

The New York penal code (NYPL article 35) states that the use of physical force is justified in self-defense, in defense of another person, or in order to prevent theft or criminal damage to property.

Is it illegal to carry a knife for self-defense? Even if you are only carrying a knife for self-defense, you may still be subject to summons and/or arrest if the circumstances indicate that the knife is used or possessed as a weapon. If you feel threatened or in danger, call 911 for police assistance.

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.

An example is that breaking into someone's home during a fire in order to rescue a child inside, is justified. If the same act is done in the belief that there was a fire, when in fact there was no fire, then the act is excused if the false belief was reasonable.

Failure of Proof – an individual's simplest defense in a criminal prosecution is to claim that the prosecution has not or cannot prove an element of the offense. Mistakes – in certain circumstances, an individual's mistake can be used as a defense.

Why is New York a choice of law? ›

New York law and forum are the preferred choice in many contracts. This is, in part, because of the predictability and security that comes along with the provisions of its General Obligations Law (“NY GOL”), Sections 5-1401 and 5-1402^[i].

ADAV NOTI* The general justification defense, also known as the choice-of-evils doctrine, per- mits a criminal defendant to seek acquittal on the grounds that his crimes were necessary to prevent greater harm from occurring.

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.

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.

Unlike insanity, which provides an excuse, self-defense is a justification.

Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release. For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indeterminate sentence.

A person who owns or controls a dog may not allow it to be in any public place or in any open or unfenced field abutting a public place, unless the dog is effectively restrained by a leash or chain no more than six feet long.

It is a violation of the law for any person to post any sign prohibiting or limiting activities on land unless authorized to do so by the owner, lawful occupant or other person or organization having authority to post such lands.

Pepper spray is legal in New York for anyone 18 and older to carry and use for self-defense, but there are a few restrictions: Product canisters cannot contain more than 0.75 oz. Pepper spray strength cannot exceed 0.7% major capsaicinoids.

A threat to destroy property or a distant threat would not be enough to support a Duress defense. Additionally there must be a reasonable belief in the viability of the threat. Defenses that are related to the Duress defense include the Necessity defense and Self-Defense.

Is self-defense subjective? ›

The law regarding self-defense refers to a defendant's “reasonable belief”. There are two components to a “reasonable belief”. First, the person claiming self-defense must have actually believed that the amount of force used was necessary. This is referred to as the defendant's subjective belief.

Excuse defence is when the defendant admits to committing a criminal act but believes that he or she cannot be held responsible because there was no criminal intent. Excuse defences that are used in courts today are; Age, Mental Disorder, Automatism, Mistake of Fact and Mistake of Law.

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.

a reason, fact, circumstance, or explanation that justifies or defends: His insulting you was ample justification for you to leave the party. an act of justifying: The painter's justification of his failure to finish on time didn't impress me.

Because the defense of necessity is essentially a justification for the criminal act, it is imperative that the defendant had no other realistic options available to him at the time the criminal act was committed. If he did, his criminal actions would not be justified.

Beyond a reasonable doubt.

Every state in the country has laws that make it clear a prosecutor must present enough evidence to show, beyond a reasonable doubt, that the defendant committed the crime they are accused of.

The burden of proof is often said to consist of two distinct but related concepts: the burden of production, and the burden of persuasion.

This is called self-defense. Self-defense is an affirmative defense to a charged violent crime. This means that if someone is charged with murder, or assault, they can use self-defense as a legal excuse for the conduct if they can prove it in a court of law.

An example is that breaking into someone's home during a fire in order to rescue a child inside, is justified. If the same act is done in the belief that there was a fire, when in fact there was no fire, then the act is excused if the false belief was reasonable.

Is mistake of fact a justification or excuse defense? ›

A mistake of fact is a type of defense that can be used in a criminal case to demonstrate that the defendant did not have the criminal intent to commit a crime. Under mistake of fact, the defendant contends that they did not have criminal intent because of a misunderstanding regarding a particular fact.

In order to invoke self-defense, certain conditions must be met such as unlawful aggression, reasonable necessity of the means employed to prevent or repel it, and lack of sufficient provocation on the part of the person defending himself.

Excuse defenses are used when the actor's mental state or belief demonstrate that he should not be held responsible for the criminal act. Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment.

“Mistake of fact” and “mistake of law” are both legal defenses that a defendant may invoke to challenge certain criminal charges.

Mistake of fact may be used in murder cases. An example is a defendant who shot and killed another person but who claims that he did not know the gun was loaded. If the parties were not quarreling but merely examining the firearm, then the death was accidental.

Self-defense can be broken down into three elements; the immediacy of your physical force to protect yourself, your use or threatened use of no more physical force than would have appeared necessary, and your justification in the threat or use of physical force only while the danger continues.

Self-defense is defined as a person protecting themselves by responding to force or violence with force or violence. This definition may seem simple enough, but it raises many questions when it is put into play in real life.