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New York and NYC self defense Criminal lawyers

March 21, 2024 Uncategorized

Sometimes it’s necessary to kill someone to save your own life or the life of another, but that doesn’t mean you won’t be arrested on murder charges. In fact, New York state law has specific guidelines for what qualifies for a self defense rationalization and it will be up to you and your lawyer to show that you acted in accordance with those guidelines.

What Does New York Recognize as Self Defense?
There are a few key factors that must be present for your actions to be considered self defense in a court of law. You must be able to show that you were in a situation in which you had a reasonable belief that your safety was in peril. There’s a standard in law that requires a jury to believe that a “reasonable person” would have felt threatened in that situation and that such a person would have felt compelled to defend him or herself. As long as the defendant can show good cause for having believed the threat was real and imminent, acting in self defense may be justified.

Additionally, the threat must be imminent or immediate, such as being held at gunpoint or observing someone running after you. In the situation, the law allows you to only use as much force as is necessary to eliminate the imminent threat. For instance, if someone tries to stab you with a knife, once you take that knife from them, you have eliminated the threat. If you then go after the individual and stab him, that’s no longer self defense and you’re responsible for that person’s injuries or death.

The Castle Doctrine and Stand Your Ground
Some states have an allowance for using deadly force to protect their homes, known as the Stand Your Ground clause. While New York state hasn’t incorporated this clause specifically, they do have similar rules in the form of the Castle Doctrine. The doctrine allows you to use deadly force to defend your home against intruders. While it may sound as though both rules are identical, New York’s law specifies that you must be in your home and must be defending it from invasion. The concept behind the Castle Doctrine is that people shouldn’t have to flee from their homes to find safety. Their home should be their safe haven and, as such, they should have the right to defend it.

Duty to Retreat
In some states, an individual has a duty to retreat from imminent harm. Only when that’s not possible is self defense authorized. This is not true of New York. The Castle Doctrine does not establish a duty to retreat, as your home should be your last retreat. For this reason, you may act to defend yourself, upon identifying an attack on your home. The same principle is a part of the Stand Your Ground clause in other states.

Defending Others
In addition to defending yourself and your home, New York law allows you to act to defend others. One common example of this is the authority public servants have to protect others from a threat, such as police officers acting to disarm a gunman. They may use the appropriate level of force needed to subdue the individual and, where the gunman may be firing his weapon, police are authorized to return fire.

The same set of laws in New York authorize parents to use physical force as needed to discipline a child. Physical, but not deadly, force may also be used by correctional officers to maintain order and discipline, physicians to administer medical treatment, or by the common individual to prevent death or serious injury.

Additionally, New York laws establish that an individual may use deadly force to protect another individual. This can include a parent defending a child, but the law doesn’t limit the rule by relationships. A stranger may act to defend another in a life-threatening situation and this would still be in compliance with the self defense doctrine.
Even when you have acted in self defense, it’s important to consult a criminal defense attorney. You will have to establish your version of events and provide proof that you acted in self defense of yourself or another. An experienced attorney can help you present your case and can help ensure your rights are respected.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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