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Criminal Defense

Justifiable Defense

People who used force to protect themselves or someone else are often surprised to be the one in handcuffs. Whether that force was justified is usually decided later, by looking closely at a few seconds that happened very fast.

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01 GUIDE

Justifiable Defense: what usually happens

How justification works in New York

New York uses the term justification for what most people call self-defense, and it also covers defending another person and some uses of force to protect property. When the evidence raises justification, the prosecution has to disprove it beyond a reasonable doubt, rather than you having to prove it. The analysis generally asks both what you actually believed at the moment and whether that belief was reasonable for someone in your situation. The force used also has to fit the threat, and deadly physical force is treated much more strictly than ordinary force. New York is not a stand-your-ground state, so whether you could have retreated in complete safety can matter when deadly force is involved, although the rule is different inside your own home.

What tends to be examined

The questions usually focus on who started the confrontation, whether anyone tried to withdraw, what each person could see and hear, and whether a weapon was present or reasonably believed to be. Size differences, earlier threats, and the history between the two people can all bear on what was reasonable. Video from phones, doorbells, and nearby businesses is often decisive, and it can disappear quickly. Photographs of your own injuries, medical records, and damaged clothing can matter as much as the other person's injuries. Witnesses who saw only the end of a fight may describe it very differently from those who saw the beginning.

Talking about it, and when

The instinct after defending yourself is to explain everything to the police on the spot. Statements made in that moment are often incomplete, and small inaccuracies can later be used to challenge the whole account. You can tell officers that you want to speak with a lawyer before giving a detailed statement. In the first consultation we go over the sequence of events, identify witnesses and footage to preserve, and consider whether justification fits the facts or whether another defense is stronger. Because justification has to be raised through evidence, preparing it starts early.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about justifiable defense and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.