Does the castle doctrine count here?

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Does the castle doctrine count here?

Hypothetically,
If someone breaks into my apartment
building and I fear for my safety,
would the castle doctrine count or
would they have to come into my
apartment for it to be applicable?

Asked on March 28, 2017 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In NY, you cannot use deadly force if you know with certainty that you can avoid an intruder by retreating. You can use deadly force if you are not the initial aggressor in an altercation within your home.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They would have to be in your apartment, since if they are in your building but not your apartment, the threat is not sufficiently imminent: i.e. you are behind a lockable door, have the opportunity to contact the police, etc.


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