Stand Your Ground in New York
State-specific overview · Criminal Law
New York requires retreat when safely possible before using deadly force outside the home.
How New York treats Stand Your Ground
New York does not have a stand-your-ground law. Under New York Penal Law, a person must retreat if they can do so safely before using deadly force, except within their own dwelling or workplace. The state recognizes self-defense but conditions it on the duty to retreat in public spaces. This retreat requirement applies even when the person is not the initial aggressor.
The general definition of Stand Your Ground
A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.
Stand your ground laws permit a person to use force, including deadly force, to defend themselves against a threat without first trying to escape or avoid the danger. These laws eliminate the traditional legal duty to retreat before using force. They apply in places where a person has a legal right to be, such as their home, workplace, or public spaces. Stand your ground laws are controversial because they expand when people can legally use deadly force, and they vary significantly by state.
Read the full Stand Your Ground 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.