NYC 2016-12-27T13:42:14+00:00

NYC Self Defense

Below is a complete listing of all relevant New York & New York City (NYC) statutes, case law and jury instructions. We’ve also provided a plain-talk explanation of these legal documents that anybody can read both in our blog and in “The Law of Self Defense, 2nd edition.” Read them and understand your rights, it’s imperative to your future!

In any defensive encounter there are actually two battles that MUST be won: the attack itself, and the New York court battle after. Don’t successfully protect yourself from harm only to find your life wasted in jail forever. Know how New York handles these cases specifically, as well as what to expect regardless of what state you may be in. Stay informed and stay safe.

  • People v Carlson, 2018 N.Y. App. Div. LEXIS 5770 (NY App. Div. 2018)

    Law Case
    New York
    August 2018

    People v Carlson, 2018 N.Y. App. Div. LEXIS 5770 (NY App. Div. 2018) Supreme Court of New York, Appellate Division, Second Department August 22, 2018, Decided 2017-03063 2018 N.Y. App. Div. LEXIS 5770 | 2018 NY Slip Op 05859 The People of the State of New York, respondent, v David Carlson, appellant. (Ind. No. 15-00130) Counsel: Ostrer & Associates, P.C., Chester, NY (Benjamin Ostrer of counsel), for appellant. Anthony A. Scarpino, Jr., Special District Attorney, White Plains, NY (Virginia A. Marciano, William C. Milaccio, and Steven A. Bender of counsel), for respondent. Judges: LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, …

  • NY Presumption of Innocence; Burden of Proof (in cases without an affirmative defense); Proof Beyond A Reasonable Doubt

    Jury Instruction
    New York

      CRIMINAL JURY INSTRUCTIONS 2d (CJI2d-NY) NY Presumption of Innocence; Burden of Proof (in cases without an affirmative defense); Proof Beyond A Reasonable Doubt We now turn to the fundamental principles of our law that apply in all criminal trials–the presumption of innocence, the burden of proof, and the requirement of proof beyond a reasonable doubt. Throughout these proceedings, the defendant is presumed to be innocent. As a result, you must find the defendant not guilty, unless, on the evidence presented at this trial, you conclude that the People have proven the defendant guilty beyond a reasonable doubt. [NOTE: Add, …

  • NY JUSTIFICATION: USE OF PHYSICAL FORCE TO PREVENT DAMAGE TO PREMISES

    Jury Instruction
    New York

      CRIMINAL JURY INSTRUCTIONS 2d (CJI2d-NY) NY JUSTIFICATION: USE OF PHYSICAL FORCE TO PREVENT DAMAGE TO PREMISES PENAL LAW 35.20(1) NOTE: This charge should precede the instructions for the crime(s) to which the defense applies, and then, the final element of any such crime should read as follows: “and, #. That the defendant was not justified.” With respect to count(s) (specify count(s) and name(s) of crime(s) ), one of the elements that the People must prove beyond a reasonable doubt is that the defendant was not justified. The defendant is not required to prove that he/she was justified; the People …

  • NY JUSTIFICATION: USE OF PHYSICAL FORCE TO PREVENT CRIMINAL TRESPASS

    Jury Instruction
    New York

      CRIMINAL JURY INSTRUCTIONS 2d (CJI2d-NY) NY JUSTIFICATION: USE OF PHYSICAL FORCE TO PREVENT CRIMINAL TRESPASS  PENAL LAW 35.20(2)  NOTE: This charge should precede the instructions for the crime(s) to which the defense applies, and then, the final element of any such crime should read as follows: “and, #. That the defendant was not justified.” With respect to count(s) (specify count(s) and name(s) of crime(s) ), one of the elements that the People must prove beyond a reasonable doubt is that the defendant was not justified. The defendant is not required to prove that he/she was justified; the People must …

  • NY JUSTIFICATION: USE OF PHYSICAL FORCE IN DEFENSE OF A PERSON PENAL LAW 35.15

    Jury Instruction
    New York

      CRIMINAL JURY INSTRUCTIONS 2d (CJI2d-NY) NY JUSTIFICATION: USE OF PHYSICAL FORCE IN DEFENSE OF A PERSON PENAL LAW 35.15 (Effective Sept. 1, 1980) NOTE: This charge should precede the reading of the elements of the charged crime, and then, the final element of the crime charged should read as follows:  “and, #. That the defendant was not justified.” [With respect to count(s) (specify),] [T]he defendant has raised the defense of justification, also known as self defense. The defendant, however, is not required to prove that he was justified. The People are required to prove beyond a reasonable doubt that …

  • NY JUSTIFICATION: USE OF DEADLY PHYSICAL FORCE IN DEFENSE OF A PERSON

    Jury Instruction
    New York

      CRIMINAL JURY INSTRUCTIONS 2d (CJI2d-NY) NY JUSTIFICATION: USE OF DEADLY PHYSICAL FORCE IN DEFENSE OF A PERSON PENAL LAW 35.15 (Effective Sept. 1, 1980) NOTE: This charge should precede the reading of the elements of the charged crime, and then, the final element of the crime charged should read as follows: “and, #. That the defendant was not justified.” [With respect to count(s) (specify),] [T]he defendant has raised the defense of justification, also known as self defense. The defendant, however, is not required to prove that he was justified. The People are required to prove beyond a reasonable doubt …

  • NY JUSTIFICATION: DEFENSE OF NECESSITY, AS AN EMERGENCY MEASURE1 PENAL LAW 35.05(2)

    Jury Instruction
    New York

      CRIMINAL JURY INSTRUCTIONS 2d (CJI2d-NY) NY JUSTIFICATION: DEFENSE OF NECESSITY, AS AN EMERGENCY MEASURE1 PENAL LAW 35.05(2) (Effective Mar. 21, 1968) NOTE: This charge should precede the reading of the elements of the charged crime, and then, the final element of the crime charged should read as follows: “and, # ___. That the defendant was not justified.” The defendant has raised the defense of justification [with respect to count(s) (specify)]. The defendant, however, is not required to prove that he/she was justified. The People are required to prove beyond a reasonable doubt that the defendant was not justified. I …

  • NY JUSTIFICATION: USE OF DEADLY PHYSICAL FORCE TO PREVENT BURGLARY

    Jury Instruction
    New York

      CRIMINAL JURY INSTRUCTIONS 2d (CJI2d-NY) NY JUSTIFICATION:  USE OF DEADLY PHYSICAL FORCE TO PREVENT BURGLARY  PENAL LAW 35.20(3) NOTE: This charge should precede the instructions for the crime(s) to which the defense applies, and then, the final element of any such crime should read as follows: “and, #. That the defendant was not justified.” With respect to count(s) (specify count(s) and name(s) of crime(s) ), one of the elements that the People must prove beyond a reasonable doubt is that the defendant was not justified. The defendant is not required to prove that he/she was justified; the People must …

  • NY JUSTIFICATION: USE OF DEADLY PHYSICAL FORCE TO PREVENT ARSON

    Jury Instruction
    New York

      CRIMINAL JURY INSTRUCTIONS 2d (CJI2d-NY) NY JUSTIFICATION:  USE OF DEADLY PHYSICAL FORCE TO PREVENT ARSON  PENAL LAW 35.20 (1) and (2) NOTE: This charge should precede the instructions for the crime(s) to which the defense applies, and then, the final element of any such crime should read as follows:  “and, #. That the defendant was not justified.” With respect to count(s) (specify count(s) and name(s) of crime(s) ), one of the elements that the People must prove beyond a reasonable doubt is that the defendant was not justified. The defendant is not required to prove that he/she was justified; …

  • NY CONSCIOUSNESS OF GUILT

    Jury Instruction
    New York

      CRIMINAL JURY INSTRUCTIONS 2d (CJI2d-NY) NY CONSCIOUSNESS OF GUILT In this case the People contend that (briefly specify the defendant’s conduct; e.g. the defendant fled New York shortly after the crime), and that such conduct demonstrates a consciousness of guilt. You must decide first, whether you believe that such conduct took place, and second, if it did take place, whether it demonstrates a consciousness of guilt on the part of the defendant In determining whether conduct demonstrates a consciousness of guilt, you must consider whether the conduct has an innocent explanation. Common experience teaches that even an innocent person …

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