N.Y. Laws » CHAPTER Penal / PART General Provisions / TITLE Defenses / ARTICLE Defense of Justification
New York Consolidated Laws

N.Y. Penal Law § 35.20 (2026)

Justification; use of physical force in defense of premises and in defense of a person in the course of burglary

✓ current as of May 2026
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§ 35.20 Justification; use of physical force in defense of premises and
          in defense of a person in the course of burglary.
  1. Any person may use physical force upon another person when he or
she reasonably believes such to be necessary to prevent or terminate
what he or she reasonably believes to be the commission or attempted
commission by such other person of a crime involving damage to premises.
Such person may use any degree of physical force, other than deadly
physical force, which he or she reasonably believes to be necessary for
such purpose, and may use deadly physical force if he or she reasonably
believes such to be necessary to prevent or terminate the commission or
attempted commission of arson.
  2. A person in possession or control of any premises, or a person
licensed or privileged to be thereon or therein, may use physical force
upon another person when he or she reasonably believes such to be
necessary to prevent or terminate what he or she reasonably believes to
be the commission or attempted commission by such other person of a
criminal trespass upon such premises. Such person may use any degree of
physical force, other than deadly physical force, which he or she
reasonably believes to be necessary for such purpose, and may use deadly
physical force in order to prevent or terminate the commission or
attempted commission of arson, as prescribed in subdivision one, or in
the course of a burglary or attempted burglary, as prescribed in
subdivision three.
  3. A person in possession or control of, or licensed or privileged to
be in, a dwelling or an occupied building, who reasonably believes that
another person is committing or attempting to commit a burglary of such
dwelling or building, may use deadly physical force upon such other
person when he or she reasonably believes such to be necessary to
prevent or terminate the commission or attempted commission of such
burglary.
  4. As used in this section, the following terms have the following
meanings:
  (a) The terms "premises," "building" and "dwelling" have the meanings
prescribed in section 140.00;
  (b) Persons "licensed or privileged" to be in buildings or upon other
premises include, but are not limited to:
  (i) police officers or peace officers acting in the performance of
their duties; and
  (ii) security personnel or employees of nuclear powered electric
generating facilities located within the state who are employed as part
of any security plan approved by the federal operating license agencies
acting in the performance of their duties at such generating facilities.
For purposes of this subparagraph, the term "nuclear powered electric
generating facility" shall mean a facility that generates electricity
using nuclear power for sale, directly or indirectly, to the public,
including the land upon which the facility is located and the safety and
security zones as defined under federal regulations.
Notes of Decisions
Cited in 80 cases (6 in the last 5 years), 1984–2024 · leading case: People v. Cox, 707 N.E.2d 428 (NY 1998).
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People v. Cox, 707 N.E.2d 428 (NY 1998). · cites it 14× “At defendant's jury trial, Supreme Court refused to charge the defense of justification to terminate a burglary (Penal Law § 35.20 [3]), and defendant was convicted.”
People v. White, 75 A.D.3d 109 (N.Y. App. Div. 2010). · cites it 4× “At the defendant’s request, the court charged the jury on the defense of justification in defense of premises (Penal Law § 35.20 [3]) as it pertained to the count of manslaughter in the second degree.”
People v. Hernandez, 774 N.E.2d 198 (NY 2002). · cites it 3× “20, which describes when a defendant may use force to prevent or terminate a criminal trespass or burglary, refers to “dwelling” and incorporates various definitions from article 140 of the Penal Law, the article addressing burglary offenses (see Penal Law § 35.20 [4] [a]).…”
Petronio v. Walsh, 736 F. Supp. 2d 640 (E.D.N.Y 2010). · cites it 3× “) At the same time, Petronio moved to have the Judge instruct the jury to consider a justification defense under N.Y. Penal Law § 35.20 , relating to the right to use deadly force to terminate a burglary.”
Reginald Jackson v. Ernest Edwards, Superintendent of Otisville Corr. Facility, 404 F.3d 612 (2d Cir. 2005). “N.Y. Penal Law § 35.20 (McKinney 1997). The term “deadly physical force” is defined as “physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.”
People v. Petronio, 34 A.D.3d 602 (N.Y. App. Div. 2006). · cites it 2× “Viewed in the light most favorable to the defendant (see People v Padgett, 60 NY2d 142 [1983]; People v Watts, 57 NY2d 299 *604 [1982]), the evidence was insufficient to establish that he killed the victim while the victim was attempting to commit a burglary (see Penal Law §…”
People v. Aiken, 828 N.E.2d 74 (NY 2005). · cites it 2× “Reflecting the principle that the home is a unique place in which one may use force to prevent the commission of a crime, the Penal Law also authorizes a person to use deadly physical force to protect the dwelling from a burglary (see Penal Law § 35.20 [3]). 3 . Having concluded…”
People v. Williams, 121 A.D.2d 145 (N.Y. App. Div. 1986). · cites it 3× “The court failed to charge the jury on the rules relating to circumstantial evidence, or on the relaxed standard for the justifiable use of deadly physical force by a homeowner against a burglar (Penal Law § 35.20 [3]) and the court made no effort to relate to the jury how the…”
People v. Deis, 766 N.E.2d 946 (NY 2002). · cites it 3× “15) but refused to charge the jury on the justifiable use of deadly force in defense of burglary pursuant to Penal Law § 35.20. A jury ultimately convicted defendant of criminally negligent homicide, for which he was sentenced to 1 Vs to 4 years in prison.”
State v. Pine, 82 A.D.3d 1498 (N.Y. App. Div. 2011). “Although *1501 a person privileged to be in an apartment may use physical force to prevent or terminate another person from committing a criminal trespass, burglary or other offense on the premises (see Penal Law § 35.20), under this provision defendant would only have been…”
People v. Zayas, 88 A.D.3d 918 (N.Y. App. Div. 2011). · cites it 2× “Penal Law § 35.20 (3) provides that “[a] person in possession or control of, or licensed or privileged to be in, a dwelling .”
People v. Mercer, 2023 NY Slip Op 06002 (N.Y. App. Div. 2023). “ssion or control of a dwelling reasonably believes that another person is committing or attempting to commit a burglary of such dwelling and he or she reasonably believes such force to be necessary to prevent or terminate the commission or attempted commission of such burglary'…”
Show all 80 citing cases →
— N.Y. Penal Law § 35.20(3) — 1 case
Godfrey v. Irvin, 871 F. Supp. 577 (W.D.N.Y. 1994).
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