What is an Article 35?

Article 35 – (35.00 – 35.30) DEFENSE OF JUSTIFICATION. 35.15 – Justification; use of physical force in defense of a person. Universal Citation: NY Penal L § 35.15 (2014) 35.15 Justification; use of physical force in defense of a person. 1.

When can I use deadly force in NY?

A person may use deadly physical force to defend a premise only when the person reasonably believes that the deadly physical force is necessary to terminate an arson or attempted arson.

When can physical force or deadly physical force be used in New York?

NY Penal Law 35.15 states: …a person may use physical force upon another individual when, and to the extent that, he/she reasonably believes it to be necessary to defend himself/herself [or someone else] from what he/she reasonably believes to be the use or imminent use of [unlawful] physical force by such individual.

Is NYS a stand your ground state?

In New York, you have the right to protect yourself – and your home. One of the more defining parts of New York’s castle doctrine law is the duty to retreat. This concept differs from state to state with ‘Stand Your Ground’ laws. This means there is no ‘duty to retreat’ before the use of deadly force.

When to use NY Penal article 35.15 justification?

(ii) a police officer or peace officer or a person assisting a police officer or a peace officer at the latter’s direction, acting pursuant to section 35.30; or (b) He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery; or

Where to find New York Consolidated Laws, penal law?

This is FindLaw’s hosted version of New York Consolidated Laws, Penal Law. Use this page to navigate to all sections within Penal Law. Expand sections by using the arrow icons.

What is the law in New York State?

(ii) a police officer or peace officer or a person assisting a police officer or a peace officer at the latter’s direction, acting pursuant to section 35.30 ;  or (b) He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery;  or