Local news reports
Generally, under New York State law a person --before using deadly force for self-defense -has a duty to first retreat if they can safely do so, according to prominent defense attorney Paul Cambria.
"There are a couple of exceptions," noted Cambria. "You don't have to retreat if you're in your own home."
As well, Cambria notes there are a handful of offenses for which someone can use deadly physical force to stop from occurring.
"The statute makes it clear that robbery is one of those offenses that you can use deadly physical force and there's no duty to retreat," Cambria said.
I don't know why the gun-rights fanatics are always complaining about New York laws. The exceptions to the duty to retreat provision seem to include everything they like.
But they're not satisfied with being legally allowed to shoot and kill an escaping robber, they also want to be able to stand their ground if someone calls them a punk and it sounds like a threat.
What's your opinion? Please leave a comment.
I'm not aware of anyone who wants to be allowed to shoot another for saying what you said. What I can say is that my complaint with New York is about the total body of its infringements on gun rights.
ReplyDeleteBut you knew that already.
Stand your ground laws aren't about shooting escaping robbers or people hurling insults. Those exceptions under New York law are actually pretty similar to castle doctrine laws and stand your ground laws respectively. Robbery is theft by force or threat of force, so that one covers the situations we're concerned about where a person is second guessed on why they didn't try to retreat first when confronted by someone with a knife or a gun.
ReplyDeleteAbout the only thing that this doesn't cover that stand your ground would cover is a situation where a person is walking down the street and one big guy or several guys decide they want to give them a beat down for being the wrong color in the wrong part of town.
Therefore, your complaints about SYG laws ought to be applied to these exceptions.
Man is confronted by two people armed with guns and told to hand over his stuff. Man pulls gun and shoots both robbers. I'm sort of personally thinking that the encounter ended well.
ReplyDeleteIs this what Laci would refer to as an attempted extra-judicial execution? Or that deadly force shouldn't have been used because the criminals were only after property?