What is renunciation of a crime?

By |2020-07-02T12:37:53+00:00July 2nd, 2020||

Renunciation of a crime occurs when you stop participating in the crime before it begins and/or attempt to stop other participants from committing a crime.  Typically, this defense is used in conspiracy charges. The renunciation must be a complete withdrawal from the crime.  Renunciation is an affirmative defense.

How old must a defendant be to raise the defense of infancy?

By |2020-07-02T12:37:34+00:00July 2nd, 2020||

In general, under New York law you cannot be charged with a crime unless you are 18 years old.  However, there are many exceptions to this rule.  For very serious charges such as murder, robbery or sexually motivated offenses, someone can be charged between the ages of 13-15.  In addition, a 17-year-old can be charged [...]

What is the defense of justification as an emergency measure?

By |2020-07-02T12:37:10+00:00July 2nd, 2020||

Conduct which would ordinarily be considered a crime is justified and not criminal if the conduct is necessary as an emergency measure to avoid an imminent and significant injury.  Essentially this defense is utilized when someone is protecting themselves or someone else from a violent act.   The person using this defense cannot have contributed to [...]

When is self-defense by use of physical force allowed?

By |2020-07-02T12:36:50+00:00July 2nd, 2020||

Self-Defense by use of physical force is allowed when a person reasonably believes that the use of force is necessary to protect themselves or others from the imminent use of force by someone else. In order for self-defense to be successful, the defendant will need to establish that they believed the use of force was [...]

Who is the initial aggressor?

By |2020-07-02T12:36:26+00:00July 2nd, 2020||

The initial aggressor is the person who first attacks or threatens to use physical force first.  The initial aggressor does not have to be the one who caused the first contact.

When is use of deadly physical force allowed?

By |2020-07-02T12:36:03+00:00July 2nd, 2020||

A person can use deadly physical force when they reasonably believe it necessary to defend themselves or others from the use or imminent use of deadly physical force on themselves or others.  Deadly physical force means physical force which can cause death or serious physical injury.  To use deadly physical force, a person must reasonably [...]

What is serious physical injury?

By |2020-07-02T12:35:37+00:00July 2nd, 2020||

Serious physical injury means impairment of a person’s physical condition which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

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