Can You Stand Your Ground In New York City?

A “stand-your-ground” law allows people to use deadly force when they believe it to be necessary to defend against great harm or deadly force. Under these laws, an individual has no duty to retreat.

Here in New York, such laws do not exist. You have a duty to retreat in New York if you know you can do so “with complete personal safety to yourself and others.” However, New York also does not impose a duty to retreat in your own home if you were not the initial aggressor. This is known as New York’s “castle doctrine.”

Yet there are limits even under castle doctrine. You are permitted to use force, but not deadly force, to stop vandalism or theft, but you may only use deadly force if you believe an arson, kidnapping, assault, or murder.

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About The Author

Jeffery Greco

Jeffery Greco is an attorney providing legal services covering Criminal Defense and Criminal Defense: White Collar and Criminal Defense: DUI / DWI. Jeffery Greco, who practices law in New York, New York, was selected to Super Lawyers for 2020 - 2023. This peer designation is awarded only to a select number of accomplished attorneys in each state. The Super Lawyers selection process takes into account peer recognition, professional achievement in legal practice, and other cogent factors. Prior to becoming an attorney, he studied at South Texas College of Law Houston. He graduated in 2004. After passing the bar exam, he was admitted to legal practice in 2005.

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