Self Defense In New York
Self defense is a justification defense in New York. PL §35.00 If a justification defense is raised by defense counsel, the defendant does not have the burden to prove at trial that their actions were justified.PL § 25.00 Instead, the prosecution has the burden of proving beyond a reasonable doubt that the defendant’s actions were not justified. PL §25.00
In New York, you can use physical force upon a person if you believe it necessary to defend yourself or another individual from what you reasonably believe to be the imminent use of physical force by that person. PL § 35.15 You can be the first to use physical force if you reasonably believe that physical force is about to be inflicted upon you or someone else. [CJI- Justification: Use of Physical Force in Defense of a Person] You need not wait until you are struck or wounded before using physical force to defend yourself or someone else so long as you reasonably believe that another person is about to use physical force upon you or someone else. [CJI- Justification: Use of Physical Force in Defense of a Person] It is irrelevant if you were or may have been mistaken in your beliefs so long as your beliefs were honestly held and were reasonable. [CJI- Justification: Use of Physical Force in Defense of a Person] It would not be considered self defense if you were the initial aggressor unless the other person continued the encounter by the use or threatened use of imminent physical force against you after you had withdrawn from the encounter and had effectively communicated such withdrawal to the other person. PL § 35.15(b)
You would not be justified in using physical force in response to an argument, name calling or the use of bad language absent any physical threats or acts. [CJI- Justification: Use of Physical Force in Defense of a Person] You would not be justified in using physical force if you provoked the other person’s conduct with the intent to cause physical injury to that person. You would also not be justified in using physical force to resist an authorized or unauthorized arrest by a police officer or peace officer. PL § 35.27
A person may not use deadly physical force to defend themselves unless he or she believes that the other person is using or is about to use deadly physical force or if he or she is perfectly able to safely retreat. PL 35.15(2)(a) But, a person does not have to resort to retreating if they are inside their home and are not the initial aggressor.PL 35.15(2)(a)(i) A person also does not have to retreat if he or she is a police or peace officer or is assisting a police offer or peace officer at that officer’s request. PL §35.15(2)(a)(ii) A person also does not need to retreat if they reasonably believe that the person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery. PL §35.15(2)(b) A person also does not need to retreat if he or she reasonably believes that the person is committing or attempting to commit a burglary inside a dwelling or occupied building that he or she occupies or controls or is licensed or privileged to be in and deadly force is necessary to prevent or terminate the burglary or attempted burglary. PL §35.15(a)(c) [Please also see: CJI-Justification: Use of Deadly Physical Force in Defense Of A Person]
In People v. Gary White [Slip No. 38] the New York Court of Appeals in a split decision held that under the circumstances of this case post-Miranda statements were not required to be suppressed even though the defendant had been subjected to a period of pre-Miranda custodial interrogation without a pronounced break before the commencement of the post-Miranda interrogation. The circumstances included: the pre-Miranda custodial interrogation lasted no more than five minutes, the defendant first gave an exculpatory alibi after being read the Miranda warnings; the defendant made no incriminating statements before the Miranda warnings were read; there was a fifteen to twenty minute period of small talk followed by the defendant being allowed to smoke a cigarette and drink a soda just before the reading of the Miranda warnings, the defendant freely indicated his willingness to speak; the defendant acknowledged he understood his rights ; and the defendant signed a Miranda card before making any substantive statements.
A person commits the crime of making graffiti in New York if he or she makes graffiti of any kind on any public or private building without the express permission of the owner or operator of the building. [PL §145.60(2)] A person also commits the crime of making graffiti in New York if he or she makes graffiti on any other real or personal property without the express permission of the owner or operator of the subject property. [PL § 145.60(2)] The crime of making graffiti is a class A misdemeanor in New York. [PL §145.60]
There are three categories of patronizing a prostitute in New York: patronizing a prostitute in the third degree; patronizing a prostitute in the second degree; and patronizing a prostitute in the first degree. [PL §§ 230.04, 230.05 and 230.06]
New York Penal Law defines a firearm as any pistol or revolver; any shotgun with one or more barrels shorter than eighteen inches; any rifle with one or more barrels shorter than sixteen inches; any rifle or shotgun shorter than twenty- six inches; or any assault weapon. [PL§ 265.00(3)] A list of assault weapons can be found in New York Penal Law §265.00(22). 
People v. Williams [2008 NY Slip Op 100317]
A person commits burglary in the first degree if he knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime inside the dwelling and he or another participant in the crime while entering, inside or fleeing from the dwelling: is armed with explosives or a deadly weapon; causes physical injury to a non-participant in the crime; uses or threatens use of a dangerous instrument; or displays what appears to be firearm.[PL§ 140.30(1)-(4) It is an affirmative defense that the firearm was not loaded or not capable of firing a shot capable of causing a serious physical injury. [PL§ 140.30(4)] Burglary in the first degree is a class B violent felony.[PL§140.30]
A person commits arson in the fifth degree if he or she intentionally damages property of another person without their permission by intentionally starting a fire or causing an explosion. [PL§150.01] Arson in the fifth degree is a class A misdemeanor. [PL§150.01] An adult convicted of arson in the fifth degree may be sentenced to a maximum of one year in the local county jail. [PL§ 70.15(1)] He or she can be sentenced to three years probation. [PL§ 65(3)(b)(ii) He or she can receive a split sentence of up to four months in jail and either three years probation or one year conditional discharge. [PL §60.01(2)(d)] He or she may receive a one year conditional discharge.[PL§§ 60.01(2)(a)(i) and 65.05(3)(a)] He or she could possibly receive a unconditional discharge. [PL§§ 60.01(3)(d) and 65.20(1)] He or she can also be fined a maximum of one thousand dollars. [PL §80.05(1)] He or she also may be ordered to pay restitution or a maximum surcharge of one hundred forty five dollars and a crime victim assistance fee of twenty dollars unless restitution or reparation is made [PL §§ 60.27(1), 60.35(1)(6), and (9)]
