New York Self Defense Laws: Duty to Retreat and Stand Your Ground in 2026
Short answerYes. Penal Law § 35.15 lets you use reasonable force to defend yourself or another person. Deadly force is allowed only against deadly force or certain violent crimes, and New York has no stand your ground law: you must retreat if you know you can do so with complete safety, except in your own home.
Last verified: October 31, 2026 against Penal Law §§ 10.00, 25.00, 35.15 and 35.20 and the Penal Law sentencing sections
New York self defense laws are written into Article 35 of the Penal Law. They say when force is a legal defense instead of a crime, and they treat deadly force very differently from ordinary force. This page is general information, not legal advice.
Key facts
- Ordinary force: allowed when you reasonably believe it is needed to stop unlawful physical force that is being used or is about to be used, under
Penal Law § 35.15(1). - Deadly force: allowed only if you reasonably believe the other person is using or about to use deadly physical force, or is committing a listed violent crime, under
§ 35.15(2). - Duty to retreat: you may not use deadly force if you know you can avoid it by retreating with complete personal safety to yourself and others.
- No retreat at home: there is no duty to retreat in your own dwelling if you are not the initial aggressor.
- Burden of proof: once justification is raised at trial, the prosecution must disprove it beyond a reasonable doubt under
Penal Law § 25.00(1). - New York City: the same state law applies in all five boroughs.
Is self defense legal in NY?
Yes. The Penal Law allows you to use physical force on another person to defend yourself or a third person from what you reasonably believe is the use or imminent use of unlawful physical force. The force must be what you reasonably believe is necessary. A jury decides whether your belief was reasonable.
Does NY have a stand your ground law?
No. New York does not have a stand your ground law. Instead, Penal Law § 35.15(2)(a) says you may not use deadly physical force if you know you can avoid the need by retreating with complete personal safety to yourself and others.
When is deadly force allowed in New York?
Deadly physical force means force readily capable of causing death or other serious physical injury (Penal Law § 10.00(11)). It is allowed only in these cases under § 35.15(2).
- You reasonably believe the other person is using or about to use deadly physical force, and you cannot safely retreat.
- You reasonably believe the other person is committing or attempting kidnapping, forcible rape, forcible aggravated sexual abuse, a crime formerly defined in
§ 130.50by force, or robbery. - You reasonably believe a burglary of a dwelling is happening, within the limits of
§ 35.20(3).
You may defend a third person under the same rules.
Castle doctrine: do you have to retreat in your home?
No. Section 35.15(2)(a)(i) says you are under no duty to retreat if you are in your dwelling and not the initial aggressor.
Penal Law § 35.20(3) goes further. A person in possession or control of, or licensed or privileged to be in, a dwelling or occupied building may use deadly physical force on someone they reasonably believe is committing or attempting a burglary of it, when they reasonably believe such force is necessary to stop it.
What the home rule does not say: the retreat exception in § 35.15 names your dwelling and police officers. It does not name your car, your workplace or the street, so outside your home the retreat rule applies as written. How far “dwelling” reaches, such as a shared hallway, can be argued in court.
When New York self defense laws do not protect you
Section 35.15(1) lists three situations where the defense is lost.
| Situation | What the statute says |
|---|---|
| You provoked the fight | Force is not justified if the other person’s conduct was provoked by you with intent to cause physical injury to another person. |
| You started it | If you were the initial aggressor, you lose the defense unless you withdrew from the encounter and effectively communicated the withdrawal, and the other person kept using or threatening unlawful force. |
| Combat by agreement | Force is not justified when it is the product of a combat by agreement not specifically authorized by law. |
Is mutual combat legal in New York?
No. If two people agree to fight outside a bar, neither can claim self defense for the blows they trade by agreement, because of § 35.15(1)(c). Regulated sports are different because the law authorizes them.
Penalties if self defense fails
If a jury rejects justification, the charge depends on what happened. Here are common examples.
| Offense | Class | Maximum sentence |
|---|---|---|
Assault in the third degree, § 120.00 | Class A misdemeanor | Up to 364 days (§ 70.15) |
Manslaughter in the second degree, § 125.15 | Class C felony | Set under Penal Law Article 70 |
Manslaughter in the first degree, § 125.20 | Class B felony | Up to 25 years as a violent felony (§ 70.02(3)) |
New York City rules
New York City follows the state Penal Law, so the same rules apply in Manhattan, Brooklyn, Queens, the Bronx and Staten Island. We found no separate city self defense statute. Carrying a weapon for protection is a different question, covered in our gun laws and knife laws pages.
Real New York scenarios
- A stranger forces your apartment door in Queens: you are in your dwelling, so there is no duty to retreat, and § 35.20(3) addresses burglary of a dwelling.
- A man pulls a knife on a Rochester sidewalk and you could step into a shop: if you know you can retreat with complete safety, deadly force may not be justified.
What to do if you used force
Call 911 first so police and medical help can arrive. Ask for a lawyer before giving a detailed statement, because the prosecution will have to disprove justification and your words can shape that fight.
Frequently asked questions
Does NY have a stand your ground law?
No. New York requires retreat before deadly force when you know you can retreat with complete personal safety to yourself and others. The main exception is your own dwelling, where you do not have to retreat if you are not the initial aggressor, under Penal Law § 35.15(2)(a).
Is self defense legal in NY?
Yes. Penal Law § 35.15 allows reasonable physical force to defend yourself or a third person from unlawful physical force that is being used or is about to be used. The force must be what you reasonably believe is necessary, and deadly force has stricter limits.
Is mutual combat legal in New York?
No. Under Penal Law § 35.15(1)(c), force that results from a combat by agreement not specifically authorized by law is not justified. Two people who agree to fight cannot claim self defense for the force they use in that fight.
Can I use deadly force to protect my home in New York?
Only in limited cases. Under Penal Law § 35.20(3), a person in a dwelling or occupied building may use deadly force to stop a burglary if they reasonably believe it is necessary. Section 35.15(2) also allows deadly force against deadly force or listed violent crimes.
Do I have to retreat in New York?
Before using deadly force, yes, if you know you can retreat with complete personal safety to yourself and others. There is no duty to retreat in your own dwelling when you are not the initial aggressor.
What changed on this page
- October 31, 2026: first publication, checked against Penal Law §§ 10.00, 25.00, 35.15, 35.20, 70.02, 70.15, 120.00, 125.15 and 125.20. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
If you used force and were questioned or charged, talk to a New York-licensed criminal defense attorney as soon as you can. The New York State Bar Association lawyer referral service can help you find one. Related rules are in our Penal Law explainer and our guns, knives and self-defense laws section.
