What is renunciation of a crime?

2020-07-02T12:37:53+00:00

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 [...]

What is renunciation of a crime?2020-07-02T12:37:53+00:00

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

2020-07-02T12:37:34+00:00

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 [...]

How old must a defendant be to raise the defense of infancy?2020-07-02T12:37:34+00:00

What is the defense of justification as an emergency measure?

2020-07-02T12:37:10+00:00

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 [...]

What is the defense of justification as an emergency measure?2020-07-02T12:37:10+00:00

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

2020-07-02T12:36:50+00:00

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 [...]

When is self-defense by use of physical force allowed?2020-07-02T12:36:50+00:00

Who is the initial aggressor?

2020-07-02T12:36:26+00:00

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.

Who is the initial aggressor?2020-07-02T12:36:26+00:00

When is use of deadly physical force allowed?

2020-07-02T12:36:03+00:00

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 [...]

When is use of deadly physical force allowed?2020-07-02T12:36:03+00:00

What is serious physical injury?

2020-07-02T12:35:37+00:00

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.

What is serious physical injury?2020-07-02T12:35:37+00:00

Can you use deadly physical force if you can retreat safely?

2020-07-02T12:35:04+00:00

In New York, you have the obligation to retreat and not use deadly physical force if you can do so completely and safely.  However, there are exceptions to this rule including you do not need to retreat if you are in your own home and [...]

Can you use deadly physical force if you can retreat safely?2020-07-02T12:35:04+00:00

What is the insanity or mental disease or defect defense to criminal charges?

2020-07-02T12:34:39+00:00

The insanity or Mental Disease or Defect defense is raised when a person charged with a crime lacked criminal responsibility at the time of the crime because they lacked substantial capacity to know or appreciate either: The nature or consequences of the conduct; or That [...]

What is the insanity or mental disease or defect defense to criminal charges?2020-07-02T12:34:39+00:00

What happens if I am found not guilty by reason of mental disease or defect?

2020-07-02T12:34:15+00:00

If you are found not guilty by reason of mental disease or defect, your case is not over.  Instead, a new set of proceedings will be held to determine your current mental health condition, whether you are a danger to yourself or the community, and [...]

What happens if I am found not guilty by reason of mental disease or defect?2020-07-02T12:34:15+00:00
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