If someone breaks into your home in New York, do you have the right to use force to protect yourself or others? The answer lies in New York’s version of the Castle Doctrine, a legal principle that permits you to use reasonable force, including deadly force, in certain situations within your dwelling.
This article explains how the Castle Doctrine works in New York, how it differs from stand-your-ground laws, and what key legal limitations you need to be aware of.
What Is the Castle Doctrine in New York?
New York’s version of the Castle Doctrine allows individuals to use deadly physical force in self-defense within their own dwelling, without a duty to retreat, under specific conditions.
According to New York Penal Law § 35.15(2) and § 35.20(3), the use of deadly force is justified if:
- The person is not the initial aggressor, and
- They reasonably believe the intruder is using or about to use deadly physical force, or is committing a burglary or arson.
In simple terms: you do not have to retreat from your own home if you are under a deadly threat and are not the aggressor.
How New York’s Castle Doctrine Differs from Stand-Your-Ground Laws
New York is not a “stand-your-ground” state.
- Stand-your-ground laws allow individuals to use deadly force in any location without the duty to retreat, even in public.
- In New York, individuals have a duty to retreat if safely possible when outside their home. The Castle Doctrine is an exception to this rule, applying only inside your dwelling, because the law assumes you are unable to retreat safely in such circumstances (as opposed to situations outside the four corners of the home).
This means that in public spaces or shared areas like hallways or building lobbies, you must retreat—if it can be done in complete safety—before resorting to deadly force.
Defense of Person vs. Defense of Premises
Understanding New York’s laws means distinguishing between two key defenses:
Defense of Person – NY Penal Law § 35.15
This law allows the use of non-deadly force to prevent physical harm, and deadly force when:
- The actor reasonably believes it is necessary to stop another person from using or about to use deadly physical force;
- The actor is not the initial aggressor; and
- The actor cannot safely retreat—unless the incident occurs inside the actor’s dwelling.
Defense of Premises – NY Penal Law § 35.20
This allows a person to use:
- Non-deadly force to stop criminal trespass, larceny, or property damage.
- Deadly force only when stopping a burglary or arson inside a dwelling.
In essence, defense of premises is more limited than defense of person in terms of when deadly force can be used.
What Counts as a “Dwelling”?
The Castle Doctrine applies only within a dwelling, which New York law defines as a building or part of a building that is usually occupied by a person lodging there at night (Penal Law § 140.00(3)). This includes apartments and houses but does not include:
- Common areas of apartment buildings (e.g., hallways or stairwells)
- Public spaces or businesses
- Vehicles or outdoor property, unless converted to sleeping quarters
Exclusive possession and control over the space is key. If the space is shared or public, Castle protections may not apply.
Reasonable Force and Proportionality
Any force used must be proportional to the threat. New York courts evaluate:
- Whether the person reasonably believed they were in imminent danger;
- Whether deadly force was proportional to the threat posed;
- Whether the person could safely retreat, unless the Castle Doctrine applies.
This is a fact-sensitive analysis. Overreaction, even within your own home, can lead to criminal charges if the use of force is deemed excessive.
Common Situations: When Does the Castle Doctrine Apply?
Roommates, Guests, and Shared Living Spaces
Self-defense scenarios involving roommates or family members often present legal gray areas.
If the individual shares access or control over the residence:
- Castle protections may not apply in shared spaces.
- Deadly force may still be justified—but it must meet the standards for reasonable self-defense, including duty to retreat.
Consulting an attorney is critical in these complex and highly fact-specific situations.
Legal Interpretation in Court: Jury Instructions and Case Law
In criminal trials, New York juries receive instructions on self-defense, including:
- Whether the defendant reasonably believed they were in imminent danger;
- Whether they had a duty to retreat (and could do so safely);
- Whether they were the initial aggressor;
- Whether the force used was proportional.
Courts also examine evidence such as 911 calls, witness accounts, weapon use, prior threats, and security footage.
Can You Use a Firearm or Other Weapon?
Yes, if the weapon is legally possessed and the use of force meets the standards outlined above.
- Unauthorized possession of a firearm can lead to separate criminal charges, even if the force was justified.
- Use of illegal weapons (e.g., switchblades, illegal firearms) can undermine a defense claim.
Always consult a lawyer about the interaction between firearms law and self-defense law in New York.
Recent Case Studies
Our firm has represented many individuals charged with assault and even homicide, despite acting in self-defense. Yet, just because someone is arrested, charged, and indicted, does not mean that a successful self-defense claim cannot be mounted. Rather, grand jury testimony, motion practice, and trial presents an opportunity to defend on justification grounds.
Our firm recently defended an individual who became involved in an altercation within the walls of his residence. In this matter, the initial aggressor was actually a family member - yet, due to the injuries sustained, our client was the only one charged with assault.
Through creative and thorough motion practice, we were able to convince a Judge that the prescribed statutes applying to self-defense and justification should have been instructed to the grand jury. Since these instructions were not included in the government’s grand jury presentation, we are able to have the matter dismissed outright, with prejudice, meaning it could not be re-presented again.
Practical Advice for Residents from a Lawyer
Unfortunately, a lawyer is not there for you in the heat of the moment when an altercation takes place inside a residence. You do not have time to think about the law and the application of self-defense.
That said, the overarching premise of the castle doctrine, self-defense, and justification is “reasonableness.” If an individual acts as that of a reasonable person in a similarly situated position, he or she will ultimately prevail in a court of law. One must be reasonable about having an opportunity to flee, if necessary. One must be reasonable in the amount of force used (matching that of the initial aggressor).
How Our Firm Helps
At The Law Offices of Jason Goldman, we bring a deep understanding of New York’s self-defense laws to every case. If you’ve been charged after defending yourself or your home, we:
- Analyze your eligibility for Castle Doctrine protection;
- Investigate evidence and present your case under §§ 35.15 and 35.20;
- Work with experts to establish the reasonableness of your actions.
Each case is unique and outcomes depend on the facts. Early legal guidance makes a significant difference. Please contact The Law Offices of Jason Goldman today.