In the United States, people have the right to protect themselves if they are in danger. Many Americans own guns and use them to defend themselves.
But even if someone follows the law when defending themselves, they might still need help from a lawyer to understand the specific self-defense laws in their state. In New York, these laws are detailed and complicated, so it’s important to know your rights.
The Law Offices of Robert Tsigler, PLLC, can help you if you’ve had to defend yourself and are facing legal issues. If you used physical force to protect yourself or someone else, their experienced attorneys can make sure your rights are protected and help you avoid criminal charges.
Is Self-Defense a Good Reason to Use Physical Force or Deadly Force?
In some situations, using force to defend yourself or someone else can be legally justified. If someone is in immediate danger, a defense lawyer can argue that using force was the only way to protect them.
But self-defense cases are not always easy to prove in court. With the right lawyer, you might avoid criminal charges or even a lawsuit.
In New York, the law (specifically Article 35 of the Penal Law) allows the use of force when someone is in danger. The force used must match the level of threat. For example, if someone is trying to harm you, you can defend yourself, but you don’t have the right to use more force than needed.
You can use self-defense in situations like:
Kidnapping
Robbery
Rape
Arson
Burglary
But self-defense claims are not always easy. Even if you had to use physical or deadly force, you might still face criminal charges. It’s important to talk to an attorney to understand the legal steps.
When Can’t You Use Self-Defense to Harm Someone?
When trying to prove self-defense, it’s important to know who started the conflict. If you started the fight or provoked someone into attacking you, then you might not be able to use self-defense as a legal excuse.
In New York, there are two main rules that impact self-defense: the Castle Doctrine and the Duty to Retreat.
Duty to Retreat
In most cases, if you’re in a dangerous situation, you have a duty to try to escape before using force. A court will consider whether you tried to leave the situation before defending yourself. In some situations, it may be hard to find a safe way to escape, especially if the situation escalates quickly.
Castle Doctrine
This rule applies when someone is in their home. If someone is attacking you in your own home, you don’t have to try to run away. The Castle Doctrine allows you to defend yourself using force, including deadly force, without having to leave your home.
What About Using Pepper Spray for Self-Defense in New York?
Pepper spray is another way to defend yourself in New York, but there are rules about how and when you can use it. Until recently, you had to be at least 18 years old to legally use pepper spray in New York. There are also limits on how much pepper spray you can buy and how strong it can be.
Here are some key rules about pepper spray in New York:
You can buy only two cans at a time.
The spray can’t be stronger than 0.7% capsaicinoids (the chemical in hot peppers).
The spray must be bought in person, and it’s illegal to have it shipped to New York.
Only licensed pharmacists or firearm dealers can sell pepper spray.
But a new bill, Senate Bill S223, is being considered that could make it legal for minors (16 and older) to use pepper spray in certain situations, like if they’ve been a victim of crime or have a protection order. If the bill passes, it could make pepper spray more accessible for younger people who need self-defense options.
What Should You Do If You Used Self-Defense and Are Facing Criminal Charges?
If you used force to defend yourself and are now facing criminal charges, it can be a scary situation. Here are some steps to strengthen your case:
Get Legal Help: It’s important to hire an experienced self-defense lawyer who understands the laws in New York. They can help you create a strong defense strategy.
Document Everything: Keep track of all important details, like police reports, medical records, eyewitness statements, and anything related to the incident.
Understand Your Rights: A good lawyer can explain what your rights are under New York’s self-defense laws.
Challenge the Charges: Your lawyer can file motions to dismiss the charges or present evidence that supports your self-defense claim.
Prepare for Court: Stay involved in the process and follow your lawyer’s advice to improve your chances in court.
Self-defense is a legal right, but it can be complicated to prove in court. If you had to use force to protect yourself or others, it’s important to understand the rules in New York. The law allows self-defense in certain situations, but you must show that you had no choice but to use force.
If you are facing criminal charges after acting in self-defense, seeking experienced legal help is crucial. A lawyer can guide you through the process and work to protect your rights.
