Self-Defense in New York
State-specific overview · Criminal Law
New York requires you to retreat if safely possible before using deadly force, except in your own home.
How New York treats Self-Defense
You must attempt to retreat from a threat before resorting to deadly force if you can do so safely—this is called the duty to retreat. However, you have no duty to retreat inside your own home or workplace. You may use reasonable non-deadly force immediately to stop an attack. Deadly force is justified only when you reasonably believe it is necessary to prevent death, serious bodily harm, or certain dangerous felonies.
The general definition of Self-Defense
The legal right to use reasonable force to protect yourself from harm.
Self-defense is a legal justification for using force against someone who is attacking or about to attack you. The key word is 'reasonable'—the force you use must be proportional to the threat you face. Most states recognize a 'duty to retreat' in some situations, meaning you must try to escape if safely possible before using force. Some states have 'Stand Your Ground' laws that eliminate the duty to retreat and allow you to use force where you have a legal right to be.
Read the full Self-Defense 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.