NY State — NY Penal Law

§ 35.15 — Justification; use of physical force in defense of a person

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

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What is NY PL § 35.15?

Quick Answer

1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by

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§ 35.15 Justification; use of physical force in defense of a person

PL § 35.15

§ 35.15 Justification; use of physical force in defense of a person.

1.A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless:

(a)The latter's conduct was provoked by the actor with intent to cause physical injury to another person; or

(b)The actor was the initial aggressor; except that in such case the use of physical force is nevertheless justifiable if the actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force; or

(c)The physical force involved is the product of a combat by agreement not specifically authorized by law.

2.A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless:

(i)in his or her dwelling and not the initial aggressor; or

(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

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