New York Self-Defense - Assault

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Multi-State
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US-00890
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Sample Jury Instruction - This sample jury instruction states that the assault was justified on the grounds of self-defense.

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FAQ

? As a last resort, defend yourself by physically fighting back ? Use your body ?defenders? ? your elbow, your heel, your fist, your voice, and your head. A wheelchair or a cane can also be used as a defender. To get away quickly, 1. Aim for a place on the attacker's body that will hurt a lot.

Most adults avoid fights when they can. But if you can't avoid it, you have the right to defend yourself. Just make sure you have the legal right to be where you are and use proportional force. And if you end up in a criminal case, you should consult a criminal defense lawyer in your area.

In the state of California, self-defense or defense of others is a valid legal justification for the use of force by a person who reasonably believes that he or another person is in imminent danger of being killed or suffering physical harm.

All states have self-defense laws that allow people who are threatened to use reasonable force to defend themselves or others, and to avoid criminal liability from their use of force.

Under the New York Penal Law Article 35, you may use physical force upon another person when and to the extent you reasonably believe such to be necessary to defend yourself or a third person from what you reasonably believe to be the use or imminent use of unlawful physical force by such other person.

While you're defending yourself, yell/scream at your assailant to draw attention to your location, so passersby can interject. Use your head, knees and elbows where you can. These are the hardest parts of your body, so will provide the most impact (if used efficiently). Remember: the objective is to run away.

If the Violence Escalates If violence appears unavoidable, make yourself a small target. Dive into a corner, curl up into a ball, and protect your face and head with your arms. Do not wear scarves or long jewelry.In calm moments between violence, locate a physical place where you can feel safe and relaxed.

Pepper spray is legal for anyone who is 18 and older to carry and use for self-defense in New York, ing to the law. But, they are a few caveats: Purchases must be made in person, with a maximum of two per person. It is illegal to ship pepper sprays and gels to New York.

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New York Self-Defense - Assault