Article 35 “Use of Force” Justification in NYS
January 22, 2021
Practical Application of the Law – NYS Article 35 (Use of Force): Justification
This course deals with your responsibility to make proper decisions with regard to the “Use of Force” in NYS. The class is an open forum type of class where all questions are welcome.
“Unarmed and Armed Citizens” must make decisions every day and usually under the worst possible circumstances. Because of the nature of laws there are 2 sets, one for Law-Enforcement and one for Law-Abiding Citizens. Most New York State residents do not know that their “Use of Force” will necessarily be subject to scrutiny both from Criminal Justice System and the Civil Law System. Criminal and Civil prosecution may result if the individual’s actions are deemed unlawful or inappropriate. Yet, failure to use force when it is reasonable and necessary may very well mean injury or death to the person and / or innocent civilians. In particular, this course deals with defining the proper course of action and the possible consequences if you are not justified by NYS Law Article 35.
We always teach in this course with the worst possible circumstances in mind so we are all prepared for what may happen. We do recommend a liability insurance for those of you that are aware enough to realize that even if you are found innocent you will need to hire an Attorney and retaining their services are not cheap.
- Article 35 is NOT a gun law only. It defines your ability to use force to defend yourself in all situations.
- NYS does not have a “mutual combat law”. You cannot agree to fight with someone without fear of prosecution. What this means to you is that ANY use of force against another person means you are committing a crime, even in your own home. Nice huh?
- Article 35 defines the “exemptions/justification” under which you can justify the “Use of Force” to defend yourself and/or another person in those situations.
- In NYS we have an obligation to retreat and can only resort to self-defense physical or otherwise when there are no other options and deadly physical only when we are in imminent fear of death or bodily harm.
- You cannot use “Deadly Force to protect your money, vehicle or home. You may however use “Physical Force” which may lead to “Deadly Force.
- The laws in NYS are much more stringent than in other states however even in other states you still must show imminent fear of death or bodily harm.
This is presently a 4 hour class however we will be making it into an 8 hour class again soon. 4Four hours is simply not enough on the New York State Penal Law Article 35 “Justification” on the “Use of Force” in defensive situations. As we all know from recent current events, defending ourselves and others is not such a clear cut decision any longer. This course will define for you the terminology used by NYS, give scenarios as well as examples and explain the “justification” and your “right to self-defense” within the NYS Penal Law.
The cost for this Course is $80.00.
*We do not offer refunds. Any payments made can be used for Course Credits or Merchandise since payment is not required on any Course upfront except for the PA trip and any trip traveling out of town. These are special interest Courses and take special planning (changing days, making resources available, etc…).