Understanding New York’s Stand Your Ground Law

New York does not have a “Stand Your Ground” law. Instead, the state follows a “duty to retreat” principle, which sets it apart from the majority of U.S. states that allow individuals to use deadly force in self-defense without first attempting to avoid the confrontation.

What Is a Stand Your Ground Law?

A “Stand Your Ground” law allows people to use deadly force in self-defense without any obligation to retreat, as long as they are in a place where they are lawfully present. In contrast, states with a “duty to retreat” require individuals to avoid using deadly force if they can safely escape the situation.

New York’s Duty to Retreat

• General Rule: In New York, if you are threatened with deadly force in public, you must retreat if you can do so with complete personal safety for yourself and others. Only if retreat is not possible, or if you are in imminent danger, may you use deadly force in self-defense.
• Exceptions: The duty to retreat does not apply if you are in your own home and are not the initial aggressor. This is known as the “castle doctrine,” which allows you to defend yourself with force, including deadly force, against an intruder in your home.

Key Elements of New York Self-Defense Law

• Reasonable Belief: You must reasonably believe that force is necessary to defend yourself or another from imminent unlawful physical force.
• Proportionality: The amount of force used must be proportionate to the threat faced. Excessive force can result in criminal charges.
• Initial Aggressor: If you provoked the confrontation or were the initial aggressor, you generally cannot claim self-defense unless you clearly withdraw from the encounter and communicate that withdrawal.
• Burden of Proof: In criminal cases, the prosecution must prove beyond a reasonable doubt that the defendant did not act in lawful self-defense.

Castle Doctrine in New York

• At Home: You are not required to retreat if you are in your own dwelling and are not the initial aggressor. You may use force, including deadly force, to prevent or stop certain crimes such as burglary or arson in your home.
• Outside the Home: The duty to retreat applies in public places and outside your home, even on your own property, unless retreat is not possible with complete safety.

Summary Table: New York vs. Stand Your Ground States