Larkin Ingrassia Andrews Criminal Defense Attorneys | November 20, 2025 | New York Law
If someone is trying to steal your car, your first instinct might be to protect your property by any means necessary. However, under New York law, using deadly force in this situation is generally not legal unless you are also in immediate danger of serious physical harm or death.
New York has some of the strictest self-defense and gun laws in the country. While it allows people to protect themselves and others from harm, it places strict limits on when deadly force can be used. Simply put, you cannot shoot someone for stealing your car unless that person is threatening your life at the same time.
New York’s Self-Defense Law
New York’s self-defense laws fall under Article 35 of the New York Penal Law, which governs when force, including deadly force, can be used legally.
Under this law, a person may use physical force if they reasonably believe it is necessary to defend themselves or someone else from imminent harm. Deadly force, however, is only permitted in very limited circumstances.
In New York, you can only use deadly force if you reasonably believe it’s necessary to stop someone from killing or seriously hurting you—or to prevent violent crimes like rape or kidnapping—and only if you can’t safely walk away, unless you’re in your own home.
Car theft, by itself, usually does not meet this standard unless the thief is using and/or threatening deadly force against you.
Protecting Property vs. Protecting Life
It’s essential to recognize that New York law does not permit the use of deadly force solely to protect property. Unlike some states that have “Stand Your Ground” or “Castle Doctrine” laws, New York follows a “duty to retreat” rule.
That means you are expected to avoid confrontation safely, rather than using deadly force. In the context of someone attempting to steal your car, this likely means that you cannot legally shoot them unless they are also threatening your life or someone else’s safety.
For example, if a thief is breaking into your parked car and you are watching from a distance, you cannot use deadly force to stop them. However, if that same person points a weapon at you while also trying to take the car, you might be justified in using deadly force to defend yourself.
What Are the Potential Criminal Consequences of Using Deadly Force?
Using deadly force when it’s not legally justified can have serious consequences in New York. For example, you could be charged with crimes such as:
- Manslaughter
- Criminally negligent homicide
- Assault
- Illegal possession or use of a firearm
You could also face civil liability if the person you injured (or their family) files a lawsuit against you. Since New York’s gun and self-defense laws are so restrictive, it’s important to act carefully and, if at all possible, contact law enforcement rather than taking matters into your own hands.
What You Should Do if Someone Tries to Steal Your Car
If you find yourself in a situation where someone is attempting to steal your car, your best course of action is to:
- Move to a safe location immediately.
- Do not confront the suspect and avoid escalating the situation.
- Call 911 to report the theft and provide as many details as possible.
- Let the police handle the situation from there.
Your safety is more valuable than any property, and the law is designed to prioritize the protection of lives over possessions.
Contact a Middletown Criminal Defense Lawyer at Larkin Ingrassia Andrews Criminal Defense Attorneys for a Free Consultation
If you’ve been involved in an incident where you used force to protect yourself or your property, it’s critical to speak with an experienced Middletown criminal defense attorney right away. In some cases, you could still face criminal charges under New York’s strict self-defense laws even if you believe you were rightfully acting under self-defense.
Contact Larkin Ingrassia Andrews Criminal Defense Attorneys today to schedule a free consultation and learn more about your best course of action.
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