Castle Doctrine in New York
State-specific overview · Criminal Law
New York requires you to retreat from your home if you can do so safely; no Castle Doctrine protection exists.
How New York treats Castle Doctrine
New York does not recognize a Castle Doctrine and imposes a duty to retreat even in your own home if retreat can be done safely. You may use force only if you reasonably believe it is necessary to prevent imminent harm and you have first attempted to retreat or communicated your intent to do so. This makes New York one of the few states where your home does not provide automatic stand-your-ground protection.
The general definition of Castle Doctrine
A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.
The castle doctrine is a legal principle that treats a person's home as a safe place where they have the right to defend themselves and their family with force, including deadly force, without any duty to retreat. The doctrine applies specifically to your own home and sometimes extends to your vehicle or workplace. It's based on the idea that your home is your private sanctuary where you should feel secure. The castle doctrine is narrower than stand your ground laws because it applies only to your own property, not public spaces.
Read the full Castle Doctrine entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.