D’Emilia Law is representing a 30 year old man in connection with a subway stabbing incident in Grand Central Station involving two other individuals, which occurred in June. The individual was arraigned on charges of attempted murder, assault, and attempted assault. He faces five to 25 years in jail if convicted.
While the prosecution purports that the attacks were “unprovoked,” we assert that our client — who is a full-time plumber — had no choice but to defend himself and escape the “repeated blows” inflicted upon him by the individuals who started the altercation.
“While he was commuting to work on the subway [our client] was jostled and spit upon by one of the individuals on that subway car,” Paul D’Emilia said in a statement, as reported by the New York Post. “When . . . [he] attempted to exit the car, he was punched repeatedly by that same individual as well as the second individual.”
Our client, who has lived in the U.S. since he was 15, and is a citizen, has had no prior criminal history. “We are confident that when details of the assault . . . are presented to the District Attorney [our client] will be exonerated,” D’Emilia said to the Post.
What is Self Defense in New York?
This case hinges upon the defense of self-defense. Under New York law, an individual may be justified in using physical force if they are in immediate danger of physical harm. Specifically, a person may use the amount of force they reasonably believe is necessary to protect themselves or others from the imminent unlawful use of physical force. The actual striking of the first blow does not necessarily determine who was the initial aggressor.
The key elements of New York’s self-defense law are as follows:
- Reasonable belief — The individual using physical force must have a subjective reasonable believe that the force they used was necessary to protect themselves or another. This belief must also be objectively reasonable under the facts and circumstances. In assessing the defendant’s reasonable belief, a jury may consider whether the defendant knew that the alleged victim had a reputation for violence or engaged in violent acts.
- Imminent threat — The threat to the defendant must have been imminent. This means that the defendant must reasonably believe unlawful physical force was ready to take place, not in the past or distant future.
- Proportionality — The amount of force used must be reasonable and proportionate to the threat that was faced. The defendant’s response must not be excessive in relation to the reasonably perceived threat.
If it is possible to do so safely, a person generally has a duty to retreat in New York before using deadly physical force outside their home — New York does not have a “Stand Your Ground” law. Physical force can only be used when there is no other option. Importantly, New York does follow the “Castle Doctrine,” under which there is no duty to retreat from an attacker or intruder inside one’s home.
Contact an Experienced New York Criminal Defense Attorney
If you are facing criminal charges for acting in self-defense, it’s crucial to have a knowledgeable criminal defense attorney on your side who can protect your rights. The attorneys at D’Emilia Law offer reliable counsel and trusted representation for those who have been charged with a crime for acting in defense of themselves or others and work diligently to obtain the best possible results in every case. To schedule a consultation, contact us at 1-888-DEMILIA.
