new york city assault lawyer




Types of Self Defense In New York

There are two types of self-defense. The first type is when you defend yourself or others against an injury from being sustained. In other words, you intervene before anyone gets hurt. This is considered self defense because you are providing a defense against a potential injury. The second type is when actions are taken to prevent further damage from occurring. For example, you are struck by someone and you strike back. Reasonableness is a major component of New York's self defense law. For example, you can use deadly force if you reasonably believe someone is unjustly using deadly force against you.

Features Of Self Defense in New York

The purpose of self-defense is to escape from danger, not to retaliation. Therefore, only the least amount of force needed to diffuse a dangerous situation is allowed under the law. Also, although this defense generally applies to physical harm, self-defense is applicable in certain instances involving damage to property. Specifically, in cases of arson, burglary or robbery, it is considered lawful to engage in self-defense of property. However, you cannot use deadly force only to protect property.

Significance of the Self Defense Laws

The purpose of self-defense laws is to allow individuals to fight back when in danger to prevent bodily harm without having to worry about being held legally responsible for their actions. Self-defense laws are significant in warding off potential crime. In fact, the Supreme Court has ruled that the Second Amendment gives individuals the right to keep guns in their homes to secure their right for self-protection.

This is Not The End

Although you are legally entitled to defend yourself against bodily harm in New York, there are limits to the extent of this right. Since the sole purpose of defense is to provide protection, you are not permitted to continue to assault an attacker once the perceived threat is gone. In other words, once you have wounded the attacker to allow you to escape, you should do so. Causing additional harm once the attacker is no longer in a position to cause harm to you is not permitted under the law. If you have been charged with assault of any kind, contact the Law Offices of Michael S. Discioarro, LLC at 917-519-8417 and protect your rights.