Article 35
Defense of justification
Section
35.00 Justification; Self Defense Law in New York
35.05 Justification in general.
35.10 Justification, the use of physical force in general.
35.15 Justification, the use of physical force in defense of a person.
35.20 Justification, the use of physical force in defense of premises and in defense of a person during a flight Self Defense Law in New York.
35.25 Justification,Self Defense Law in New York the use of physical force to prevent or terminate a theft or property damage.
35.27 Justification, the use of physical force to resist an illegal arrest.
35.30 Justification,Self Defense Law in New York the use of physical force to effect an arrest or prevent an escape.
Justification Section 35.00, a defense. In any prosecution for an offense, justification, as defined in Articles 35.05 through 35.30,Self Defense Law in New York is a defense.
Section 3505 Justification in general. Unless limited by the following provisions of this article defining the legitimate use of physical force,Self Defense Law in New York conduct which
otherwise constitute an offense is justifiable and not criminal when:
1. Such conduct is required or authorized by law or by court order, or is made by an official in the reasonable exercise of his official functions and powersSelf Defense Law in New York;
or
Two. Such conduct is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, which is a such gravity that Self Defense Law in New York, according to the ordinary rules of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by law defining the offense in question.Self Defense Law in New York The need and
justification for such conduct can not be based solely on considerations of morality and expediency of the law, either in its general application or with respect to its application to a particular class of cases arising.Self Defense Law in New York
Whenever evidence relating to the defense of justification under this subdivision is offered by the defendant, the court decides as a matter of law if the facts and circumstances alleged would if established, would constitute a Self Defense Law in New York.
§ 35.10 Justification,Self Defense Law in New York the use of physical force in general. The use of physical force against another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
1. A parent,Self Defense Law in New York guardian or other person responsible for the care and supervision of a person under twenty-one years or incompetent and a teacher or other person responsible for the care and supervision of a person under twenty-one for a particular purpose, may use physical force,Self Defense Law in New York physical strength but it is not fatal to the person to the extent that it reasonably believes necessary to maintain discipline or promote the welfare of these people Self Defense Law in New York.
Two. A principal or other authorized a prison or correctional institution officer may, in order to maintain order and discipline,Self Defense Law in New York use of physical force as authorized by the correction of the law.
Three. The person responsible for maintaining order in a common carrier of passengers, or a person acting under his direction,Self Defense Law in New York may use physical force when and to the extent reasonably believes necessary to maintain order, but you can use physical force deadly only when they reasonably believe is necessary to prevent death or serious injury.
April. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious injury to himself may use physical force against a person to the extent that it considers reasonably necessary to thwart such result Self Defense Law in New York.
May A licensed physician or someone acting under his direction, may use physical force in order to administer a recognized treatment as it reasonably believes to be adapted to promoting the physical or mental health of the patient if (a) the processing is administered with the consent of the patient or if the patient is under eighteen years of age or an incompetent person, with the consent of their parents,Self Defense Law in New York guardians or other persons responsible for their care and supervision, or (b) the treatment is administered in an emergency when the physician reasonably believes that person to consent can be consulted and that a reasonable person, wishing to safeguard the well-being of the patient, would consent.
June A person may, in accordance with the following provisions of this section, the use of physical force against another person to defend himself or a third person, or for the defense of premises, or to prevent theft or damage to property criminal origin, or to make an arrest or prevent an escape from prison Self Defense Law in New York.
When a person is authorized by a provision to use deadly physical force in any circumstance, nothing contained in any other provision can be considered to deny or qualify such authorization Self Defense Law in New York.
§ 35.15 Justification, the use of physical force in defense of a person.
1. A person may,Self Defense Law in New York subject to the provisions of the second paragraph, use physical force to another person when and to the extent that it considers reasonably necessary to defend himself or a third of what it considers to be the use or force imminent physical illegal by another person,Self Defense Law in New York unless:
(A) past behavior "was caused by the actor, with the intent to cause physical injury to another person, or
(B) The actor was the initial aggressor,Self Defense Law in New York except that in this case, the use of physical force is justified if, however, she withdrew from the encounter and effectively communicated such withdrawal to such a person, but it persists in pursuit of the incident by the use or threat of imminent use of unlawful physical force,Self Defense Law in New York or
(C) The physical force involved is the product of a struggle
by agreement not specifically authorized by law.
Two. A person may not use deadly physical force against another person under circumstances specified in subdivision one unless:
(A) reasonably believes that such other person or is being used deadly physical force. Even in this case,Self Defense Law in New York however, the actor may not use deadly physical force if he knows he can safely for himself and others avoid the need to do in retirement, except that it is not necessary to remove it if is:
(I) in the slot and not the initial aggressor,Self Defense Law in New York or
(Ii) a police officer or a peace officer or a person assisting a police officer or a peace officer under the latter's direction, acting pursuant to section 35.30 or
(B) reasonably believes that the person is committing or attempting to commit kidnapping, rape, forcible sodomy or robbery,Self Defense Law in New York or
(C) reasonably believes that a person commits or attempts to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20 Self Defense Law in New York.
§ 35.20 Justification,Self Defense Law in New York the use of physical force in defense of premises and in defense of a person during a flight.
1. Any person may use physical force to another person when reasonable grounds to believe that this is necessary to prevent or terminate what they reasonably believed to be the commission or attempted commission by any person of a crime involving damage to premises. You can use any degree of physical force,Self Defense Law in New York other than deadly physical force, he believes reasonably necessary for that purpose, and may use deadly physical force if she reasonably believes to be necessary to prevent or terminate the commission or the fire attempted commission.
Two. A person in possession or control of the premises,Self Defense Law in New York or a person authorized or privileged to be this or it may use physical force when another person reasonably believes this is necessary to prevent or terminate it reasonably believes to be the commission or attempted commission by any other person trespassing on the premises. You can use any degree of physical force, other than deadly physical force,Self Defense Law in New York he believes reasonably necessary for that purpose, and may use deadly physical force to prevent or terminate the commission or attempted commission of a fire, as prescribed in subdivision one, or in a theft or attempted theft, as prescribed in paragraph three.
Three. A person in possession or control of, or licensed or privileged to be a dwelling or occupied building, who reasonably believes that another person is committing or attempting to commit a burglary in the dwelling or building ,Self Defense Law in New York may use deadly physical force another person when he reasonably believes to be necessary to prevent or terminate the commission or attempted commission of such burglary.
April. As used in this section, the following terms have the following meanings:
(A) The "local" terms "building" and "dwelling" have the
meaning given in section 140.00 Self Defense Law in New York;
(B) Persons "licensed or privileged" to be in buildings and other facilities include, but are not limited to, the police or the law, in the exercise of their functions.
Self Defense Law in New York
§ 35.25 Justification, the use of physical force to prevent or terminate a theft or property damage. A person may use physical force, other than deadly physical force to another person when and to the extent that he reasonably believes to be necessary to prevent or terminate what they reasonably believed to be the commission or attempted Self Defense Law in New York
commission by such other person of theft or damage to property in respect of property other than the premises.
§ 35.27 Justification, the use of physical force to resist arrest prohibited. A person may not use physical force to resist an arrest, authorized or not,Self Defense Law in New York which is performed or attempted by a police officer or peace officer as reasonably latter is a police officer or agent of the public peace Self Defense Law in New York.
§ 35.30 Justification,Self Defense Law in New York the use of physical force to effect an arrest or prevent an escape.
1. A police Self Defense Law in New York officer or a peace officer in the course of making or attempting to make an arrest or to prevent or attempt to prevent the escape of a custody of a person reasonably believes has committed an offense,Self Defense Law in New York may use physical force when and to the extent that it considers reasonably necessary to effect the arrest or to prevent the escape of a guard, or to himself or a third of what it consider to be actual or imminent use of physical force to defend, except that you can use deadly physical force for such purposes only when reasonable grounds to believe:
(A) The offense committed by the person was:
(I) a crime or an attempt to commit a crime involving the use or attempted use or threatened imminent use of physical force against a person,Self Defense Law in New York or
(Ii) kidnapping, arson, escape in the first degree, robbery in the first degree, or an attempt to commit an offense,Self Defense Law in New York or
(B) The offense committed or attempted by such person was a crime and that, in the context of resisting arrest for it or try Self Defense Law in New York to escape custody, that person is armed with a firearm or death, or
(C) Regardless of the particular offense which is the subject of the arrest or attempted escape is necessary to defend the police officer or a peace officer or other person that the officer reasonably believes that the use of actual or imminent use of deadly physical force of deadly physical force.
Two. The fact that a police officer or a peace officer is justified in using deadly physical force under the circumstances specified in paragraphs (a) and (b) of subdivision does not justify such an irresponsible police or peace officer amounts to an offense against or in respect of innocent people he does not try to stop or detain.
Three. A person who has been directed by Self Defense Law in New York a police officer or a peace officer to assist the police officer or peace officer to make an arrest or to prevent the escape of a guard may use physical force, other than deadly physical force,Self Defense Law in New York if and to the extent that it considers reasonably necessary to carry out such police said `official` s address to the peace, unless he knows that the arrest or detention is not possible or was not authorized and may use deadly physical force in circumstances where:
(A) as it reasonably believes is necessary to defend himself or a third of what it considers the actual or imminent use of deadly physical force, or
(B) He is directed or authorized by the police officer or a peace officer to use deadly physical force, unless you know that the police officer or a peace officer himself is not authorized to use deadly physical force under the circumstances.
April. A private person acting on their own account may use physical force, other than deadly physical force to another person when and to the extent that it considers reasonably necessary to make an arrest or to prevent a person escape which he reasonably believes to have committed an offense and, in fact,Self Defense Law in New York committed the crime, and may use deadly physical force for such purpose when reasonably believes necessary such as:
(A) to defend himself or a third of what it considers the actual or imminent use of deadly physical force, or
(B) Effect of arrest of a person who has committed murder,Self Defense Law in New York first-degree murder, robbery, rape or sodomy,Self Defense Law in New York and he is on the run immediately.
May A guard, police officer or peace officer in charge of the obligation to keep the prisoners in a detention center, as that term is defined in section 205.00,Self Defense Law in New York or in transit to or from a detention center,Self Defense Law in New York you can use physical force when and to the extent that it considers reasonably necessary to prevent the escape of a prisoner from a detention or custody in transit the same or not Self Defense Law in New York.
Defense of justification
Section
35.00 Justification; Self Defense Law in New York
35.05 Justification in general.
35.10 Justification, the use of physical force in general.
35.15 Justification, the use of physical force in defense of a person.
35.20 Justification, the use of physical force in defense of premises and in defense of a person during a flight Self Defense Law in New York.
35.25 Justification,Self Defense Law in New York the use of physical force to prevent or terminate a theft or property damage.
35.27 Justification, the use of physical force to resist an illegal arrest.
35.30 Justification,Self Defense Law in New York the use of physical force to effect an arrest or prevent an escape.
Justification Section 35.00, a defense. In any prosecution for an offense, justification, as defined in Articles 35.05 through 35.30,Self Defense Law in New York is a defense.
Section 3505 Justification in general. Unless limited by the following provisions of this article defining the legitimate use of physical force,Self Defense Law in New York conduct which
otherwise constitute an offense is justifiable and not criminal when:
1. Such conduct is required or authorized by law or by court order, or is made by an official in the reasonable exercise of his official functions and powersSelf Defense Law in New York;
or
Two. Such conduct is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, which is a such gravity that Self Defense Law in New York, according to the ordinary rules of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by law defining the offense in question.Self Defense Law in New York The need and
justification for such conduct can not be based solely on considerations of morality and expediency of the law, either in its general application or with respect to its application to a particular class of cases arising.Self Defense Law in New York
Whenever evidence relating to the defense of justification under this subdivision is offered by the defendant, the court decides as a matter of law if the facts and circumstances alleged would if established, would constitute a Self Defense Law in New York.
§ 35.10 Justification,Self Defense Law in New York the use of physical force in general. The use of physical force against another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
1. A parent,Self Defense Law in New York guardian or other person responsible for the care and supervision of a person under twenty-one years or incompetent and a teacher or other person responsible for the care and supervision of a person under twenty-one for a particular purpose, may use physical force,Self Defense Law in New York physical strength but it is not fatal to the person to the extent that it reasonably believes necessary to maintain discipline or promote the welfare of these people Self Defense Law in New York.
Two. A principal or other authorized a prison or correctional institution officer may, in order to maintain order and discipline,Self Defense Law in New York use of physical force as authorized by the correction of the law.
Three. The person responsible for maintaining order in a common carrier of passengers, or a person acting under his direction,Self Defense Law in New York may use physical force when and to the extent reasonably believes necessary to maintain order, but you can use physical force deadly only when they reasonably believe is necessary to prevent death or serious injury.
April. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious injury to himself may use physical force against a person to the extent that it considers reasonably necessary to thwart such result Self Defense Law in New York.
May A licensed physician or someone acting under his direction, may use physical force in order to administer a recognized treatment as it reasonably believes to be adapted to promoting the physical or mental health of the patient if (a) the processing is administered with the consent of the patient or if the patient is under eighteen years of age or an incompetent person, with the consent of their parents,Self Defense Law in New York guardians or other persons responsible for their care and supervision, or (b) the treatment is administered in an emergency when the physician reasonably believes that person to consent can be consulted and that a reasonable person, wishing to safeguard the well-being of the patient, would consent.
June A person may, in accordance with the following provisions of this section, the use of physical force against another person to defend himself or a third person, or for the defense of premises, or to prevent theft or damage to property criminal origin, or to make an arrest or prevent an escape from prison Self Defense Law in New York.
When a person is authorized by a provision to use deadly physical force in any circumstance, nothing contained in any other provision can be considered to deny or qualify such authorization Self Defense Law in New York.
§ 35.15 Justification, the use of physical force in defense of a person.
1. A person may,Self Defense Law in New York subject to the provisions of the second paragraph, use physical force to another person when and to the extent that it considers reasonably necessary to defend himself or a third of what it considers to be the use or force imminent physical illegal by another person,Self Defense Law in New York unless:
(A) past behavior "was caused by the actor, with the intent to cause physical injury to another person, or
(B) The actor was the initial aggressor,Self Defense Law in New York except that in this case, the use of physical force is justified if, however, she withdrew from the encounter and effectively communicated such withdrawal to such a person, but it persists in pursuit of the incident by the use or threat of imminent use of unlawful physical force,Self Defense Law in New York or
(C) The physical force involved is the product of a struggle
by agreement not specifically authorized by law.
Two. A person may not use deadly physical force against another person under circumstances specified in subdivision one unless:
(A) reasonably believes that such other person or is being used deadly physical force. Even in this case,Self Defense Law in New York however, the actor may not use deadly physical force if he knows he can safely for himself and others avoid the need to do in retirement, except that it is not necessary to remove it if is:
(I) in the slot and not the initial aggressor,Self Defense Law in New York or
(Ii) a police officer or a peace officer or a person assisting a police officer or a peace officer under the latter's direction, acting pursuant to section 35.30 or
(B) reasonably believes that the person is committing or attempting to commit kidnapping, rape, forcible sodomy or robbery,Self Defense Law in New York or
(C) reasonably believes that a person commits or attempts to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20 Self Defense Law in New York.
§ 35.20 Justification,Self Defense Law in New York the use of physical force in defense of premises and in defense of a person during a flight.
1. Any person may use physical force to another person when reasonable grounds to believe that this is necessary to prevent or terminate what they reasonably believed to be the commission or attempted commission by any person of a crime involving damage to premises. You can use any degree of physical force,Self Defense Law in New York other than deadly physical force, he believes reasonably necessary for that purpose, and may use deadly physical force if she reasonably believes to be necessary to prevent or terminate the commission or the fire attempted commission.
Two. A person in possession or control of the premises,Self Defense Law in New York or a person authorized or privileged to be this or it may use physical force when another person reasonably believes this is necessary to prevent or terminate it reasonably believes to be the commission or attempted commission by any other person trespassing on the premises. You can use any degree of physical force, other than deadly physical force,Self Defense Law in New York he believes reasonably necessary for that purpose, and may use deadly physical force to prevent or terminate the commission or attempted commission of a fire, as prescribed in subdivision one, or in a theft or attempted theft, as prescribed in paragraph three.
Three. A person in possession or control of, or licensed or privileged to be a dwelling or occupied building, who reasonably believes that another person is committing or attempting to commit a burglary in the dwelling or building ,Self Defense Law in New York may use deadly physical force another person when he reasonably believes to be necessary to prevent or terminate the commission or attempted commission of such burglary.
April. As used in this section, the following terms have the following meanings:
(A) The "local" terms "building" and "dwelling" have the
meaning given in section 140.00 Self Defense Law in New York;
(B) Persons "licensed or privileged" to be in buildings and other facilities include, but are not limited to, the police or the law, in the exercise of their functions.
Self Defense Law in New York
§ 35.25 Justification, the use of physical force to prevent or terminate a theft or property damage. A person may use physical force, other than deadly physical force to another person when and to the extent that he reasonably believes to be necessary to prevent or terminate what they reasonably believed to be the commission or attempted Self Defense Law in New York
commission by such other person of theft or damage to property in respect of property other than the premises.
§ 35.27 Justification, the use of physical force to resist arrest prohibited. A person may not use physical force to resist an arrest, authorized or not,Self Defense Law in New York which is performed or attempted by a police officer or peace officer as reasonably latter is a police officer or agent of the public peace Self Defense Law in New York.
§ 35.30 Justification,Self Defense Law in New York the use of physical force to effect an arrest or prevent an escape.
1. A police Self Defense Law in New York officer or a peace officer in the course of making or attempting to make an arrest or to prevent or attempt to prevent the escape of a custody of a person reasonably believes has committed an offense,Self Defense Law in New York may use physical force when and to the extent that it considers reasonably necessary to effect the arrest or to prevent the escape of a guard, or to himself or a third of what it consider to be actual or imminent use of physical force to defend, except that you can use deadly physical force for such purposes only when reasonable grounds to believe:
(A) The offense committed by the person was:
(I) a crime or an attempt to commit a crime involving the use or attempted use or threatened imminent use of physical force against a person,Self Defense Law in New York or
(Ii) kidnapping, arson, escape in the first degree, robbery in the first degree, or an attempt to commit an offense,Self Defense Law in New York or
(B) The offense committed or attempted by such person was a crime and that, in the context of resisting arrest for it or try Self Defense Law in New York to escape custody, that person is armed with a firearm or death, or
(C) Regardless of the particular offense which is the subject of the arrest or attempted escape is necessary to defend the police officer or a peace officer or other person that the officer reasonably believes that the use of actual or imminent use of deadly physical force of deadly physical force.
Two. The fact that a police officer or a peace officer is justified in using deadly physical force under the circumstances specified in paragraphs (a) and (b) of subdivision does not justify such an irresponsible police or peace officer amounts to an offense against or in respect of innocent people he does not try to stop or detain.
Three. A person who has been directed by Self Defense Law in New York a police officer or a peace officer to assist the police officer or peace officer to make an arrest or to prevent the escape of a guard may use physical force, other than deadly physical force,Self Defense Law in New York if and to the extent that it considers reasonably necessary to carry out such police said `official` s address to the peace, unless he knows that the arrest or detention is not possible or was not authorized and may use deadly physical force in circumstances where:
(A) as it reasonably believes is necessary to defend himself or a third of what it considers the actual or imminent use of deadly physical force, or
(B) He is directed or authorized by the police officer or a peace officer to use deadly physical force, unless you know that the police officer or a peace officer himself is not authorized to use deadly physical force under the circumstances.
April. A private person acting on their own account may use physical force, other than deadly physical force to another person when and to the extent that it considers reasonably necessary to make an arrest or to prevent a person escape which he reasonably believes to have committed an offense and, in fact,Self Defense Law in New York committed the crime, and may use deadly physical force for such purpose when reasonably believes necessary such as:
(A) to defend himself or a third of what it considers the actual or imminent use of deadly physical force, or
(B) Effect of arrest of a person who has committed murder,Self Defense Law in New York first-degree murder, robbery, rape or sodomy,Self Defense Law in New York and he is on the run immediately.
May A guard, police officer or peace officer in charge of the obligation to keep the prisoners in a detention center, as that term is defined in section 205.00,Self Defense Law in New York or in transit to or from a detention center,Self Defense Law in New York you can use physical force when and to the extent that it considers reasonably necessary to prevent the escape of a prisoner from a detention or custody in transit the same or not Self Defense Law in New York.
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