Property protection in New York: when murder is legal

Many will stop at nothing when it comes to protecting their homes or businesses. But not everyone knows what is prohibited in New York in this case, and what is allowed. Interesting and relevant data was shared by the publication WHAM.

Last month in St. Louis, Missouri, a video appeared on the Internet in which a couple, defending their territory, threaten demonstrators with weapons. The couple said they saw a threat from the protesters. But they were nevertheless accused of illegal use of weapons.

Each state has its own gun law. Let's say in New York, homeowners can use force (even deadly) to protect their homes.

However, there are limitations. “You can use deadly physical force to defend against either arson or burglary,” said former prosecutor Brian DeCarolis.

Threat perception is critical in situations where a person is using force. “If someone is in your house, you must be sure that he is robbing your house,” explained DeCarolis.

If a stranger enters your home intoxicated and with no clear intention to harm you or your loved one, then the owner of the house has no legal right to kill the criminal while protecting his property.

Livingston County Sheriff Thomas Dougherty said that whenever a lethal incident occurs, forensic scientists play a large role in determining whether the district attorney or jury will decide whether to charge. “Sometimes you only have one side of the story, so it's a tricky question,” Doherty said.

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New Yorkers can defend their territory thanks to the so-called "Castle Doctrine". Here's how this law works: If someone has entered your territory, the first thing you should do is retreat if possible. However, this rule does not apply if someone breaks into your home. “If you're just in the yard or something like that, then you have no right to use lethal force,” explains DeCarolis. "You can use safe force to theoretically scare them away."

This concept is different in each state and is defined by the “Defend Your Position” law. The latter provides that people can use lethal force if they reasonably believe it is necessary to protect against the threat of death, serious bodily harm, kidnapping, rape, robbery or some other serious crime.

This means there is no “duty to retreat” before lethal force is used.

The same goes for protecting businesses in New York. “If they (criminals. - Ed.) rob your business, the law really gives you in New York the opportunity to use deadly physical force in this situation, ”said DeCarolis.

Both Doherty and DeCarolis agree that lethal force should be the last resort, not the first in any of these cases.

Doherty strongly recommends that any weapon owner take a safety course to learn what lethal force is and what isn't. New York does not require a safety course before obtaining a firearms license.