Larkin Ingrassia Criminal Defense Attorneys | January 28, 2026 | Criminal Defense
The right to defend yourself is recognized under New York law, but it comes with important limitations. Self-defense laws in the state, which are legally referred to as “justification” defenses, allow people to use reasonable force to prevent harm to themselves or others. However, the circumstances in question must meet strict legal standards.
Learning about when you can lawfully use force is critical if you are facing various kinds of criminal charges, such as assault. A self-defense claim can be powerful if it is properly supported by facts that fit within New York State’s legal framework.
What New York Law Says About Self-Defense
Self-defense in New York is covered under Article 35 of the New York Penal Law, which explains when a person’s use of force is justified. The key concept is “reasonableness,” meaning your belief that you were in danger must be one that an ordinary person in the same situation would have held.
Generally, you are legally allowed to use force when:
- You reasonably believe it is necessary to defend yourself or someone else from imminent physical harm
- You use only as much force as necessary to stop the threat
Deadly force can also sometimes apply under this framework, but only if you are under threat of death or serious physical injury. Other requirements may apply as well, depending on the facts of the case.
The Duty to Retreat
Unlike some states, New York does not have a “stand your ground” law. Instead, it follows a duty to retreat rule. This means that before using deadly force, you must try to safely avoid the confrontation if possible.
There are exceptions, however. You do not have to retreat if:
- You are inside your own home and did not start the altercation (often called the “castle doctrine”)
- Retreating would put you in more danger
This rule can be crucial in determining whether your actions were legally justified. Prosecutors and juries often focus on whether you had an opportunity to walk away or de-escalate the situation.
When Self-Defense Is Not Justified
New York law also identifies situations where claiming self-defense is not permitted.
You generally cannot claim self-defense if:
- You were the initial aggressor and did not withdraw from the fight
- You used force after the threat had already ended
- You used more force than was necessary for the situation
For example, if someone pushes you and you respond with deadly force, that likely exceeds what the law considers reasonable. Self-defense is about preventing harm, not retaliating and seeking revenge.
Building a Legal Defense Based on Justification
If you’ve been charged with homicide or another violent crime, your attorney can evaluate whether a self-defense argument may apply.
Your defense strategy may include:
- Evidence showing that you were in immediate danger
- Witness statements and surveillance footage supporting your version of events
- Proof that you attempted to avoid confrontation and used proportionate force
Your lawyer can also challenge the prosecution’s evidence to show that your actions were reasonable given the threat you faced. In some cases, a self-defense argument can lead to reduced charges or a complete dismissal. However, those outcomes are never guaranteed and should not be relied upon.
Contact the Middletown Criminal Defense Lawyers at Larkin Ingrassia Criminal Defense Attorneys for Help Today
Facing violent crime charges can be extremely stressful, and even more so when you were only trying to protect yourself. Knowing exactly how New York’s self-defense laws apply to your situation is vital to building a successful response.
For more information, contact an experienced Criminal Defense lawyer at Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation today. We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345