SCHENECTADY NY, March 29, 2012 (Press-News.org) Similar to Englishmen in the 17th century, most New Yorkers probably consider their home to be their castle -- a refuge from the world. It is human nature to want to protect our "castles" from intruders. Perhaps rather unsurprisingly, this concept has a legal name called the Castle Doctrine. It is not a defined law, but a set of principles that has been adopted as some form of law in most states, including New York.
Castle Doctrine laws allow people to use force, including deadly force if necessary, to protect themselves from intruders into their home, vehicles and even businesses. The Castle Doctrine provides a lawful defense against any criminal charges filed by an intruder, such as assault. In some cases it may also provide a defense if an injured intruder sues for medical bills, property damage, disability, or pain and suffering.
New York's Castle Doctrine laws come from a justification statute that has been in place since 1968. The statute allows a person, after making a reasonable judgment, to use deadly force against an intruder who also uses deadly force. Under the law, if you are in your own home and you did not initiate the violent behavior, you are not required to retreat from an armed intruder if you cannot do so safely.
In addition, the statute allows deadly force to be used in the home if defending against kidnapping, rape, robbery, burglary or arson.
In a recent case from Oklahoma, the Castle Doctrine was invoked when a young mother was not charged after shooting and killing a burglar who broke into her home on New Year's Eve.
Groups such as the National Rifle Association (NRA) are proponents of the Castle Doctrine, believing that victims who defend themselves from intruders should not be put in positions where they also have to defend themselves from legal prosecution. But not all groups are as supportive of such laws. The Association of Prosecuting Attorneys feels that rights of self-defense and defense of property are already valid parts of the law and it is not necessary to write more self-defense laws.
Although the Castle Doctrine assumes that people defending against intruders are innocent, the police and local prosecutors are still required to investigate and decide whether or not to file charges. If you find yourself facing charges after defending your own property, contact an experienced New York criminal defense attorney to protect your rights.
Website: http://www.mjsacco.com
NY Castle Doctrine Laws Provide Defense Against Home Intruders
Under New York's Castle Doctrine, people can use force to protect themselves from intruders into their home, vehicles and businesses. The Castle Doctrine provides a lawful defense against any criminal charges filed by an intruder, such as assault.
2012-03-29
ELSE PRESS RELEASES FROM THIS DATE:
San Gabriel Law Firm Helps Community In and Out of the Courtroom
2012-03-29
The Law Offices of Scott Warmuth believes in serving the community through dedicated and professional legal services in the areas of personal injury, immigration, and elder abuse. Representing Southern Californians with easily accessible offices in East and West San Gabriel Valley, the multicultural law firm provides flexibility to its clients by offering services in Mandarin Chinese, Cantonese Chinese, Taiwanese Chinese, English, and Spanish. Over the years, the firm has secured favorable settlements in hundreds of cases and have successfully filed hundreds of visa petitions. ...
Exploding dinosaur hypothesis implodes
2012-03-29
The pregnant ichthyosaur female from Holzmaden (Germany) that perished 182 million years ago puzzled researchers for quite some time: The skeleton of the extinct marine reptile is almost immaculately preserved and the fossilized bones of the mother animal lie largely in their anatomical position. The bones of the ichthyosaur embryos, however, are a different story: For the most part, they lie scattered outside the body of the mother. Such peculiar bone arrangements are repeatedly found in ichthyosaur skeletons. According to the broadly accepted scientific doctrine, this ...
Defective Metal-on-Metal Hip Implants Take a Heavy Toll on Patients
2012-03-29
Every year, an estimated 250,000 Americans undergo a procedure to replace a damaged hip joint. The new, man-made joints implanted are meant to last problem-free for 15 years or more; yet, in one of the most endemic medical device fiascos in recent memory, one entire category of hip implants is failing at an incredible rate, causing widespread and devastating health consequences.
An Overview of Metal-on-Metal Hip Replacements
An artificial hip implant consists of two components: a socket, and a ball attached to the top of the femur bone that fits inside the socket. ...
Major networking opportunity
2012-03-29
Like people bustling around busy cities, the thousands of molecules inside our cells are constantly interacting with each other: turning each other on or off, working together, splitting up and networking. Understanding the countless ways in which they do so is a major challenge in biology, but it is fundamental to understanding life. Scientists at the European Molecular Biology Laboratory's European Bioinformatics Institute (EMBL-EBI) and colleagues in the International Molecular Exchange (IMEx) consortium are rising to the challenge by offering researchers a freely available ...
CPIC to Depopulate List of Insured Families
2012-03-29
Some Florida homeowners insured through the Citizens Property Insurance Corporation (CPIC) may receive some surprising offers from private insurance companies in the coming months.
The Citizens Property Insurance Corporation is the insurer of last resort in the state of Florida. It is trying to depopulate its list of insured homeowners by encouraging private insurance companies, known as takeout companies, to take over their policies.
The private insurance companies that qualify as takeout companies must be licensed and approved for Florida operation by the Office ...
Hot on the trail of metabolic diseases and resistance to antibiotics
2012-03-29
ABC transporters are membrane proteins that actively pump a wealth of molecules across the membrane. Over 40 different ABC transporters perform vital functions in humans. Genetic defects in ABC transporters can trigger metabolic diseases such as gout, neonatal diabetes or cystic fibrosis, and certain ABC transporters also cause resistance to a wide range of drugs. In tumor cells, increased amounts of ABC transporters that pump chemotherapeutic substances out of the cell are often produced, thus rendering anticancer drugs ineffective. Analogous mechanisms play a key role ...
How to save Europe's most threatened butterflies
2012-03-29
This press release is available in German.
New guidelines on how to save some of Europe's most threatened butterfly species have been published by a team of scientists co-ordinated by Butterfly Conservation Europe. The report covers 29 threatened species listed on the EU Habitats Directive. Each Member State has a responsibility to conserve these species. The new report will provide crucial information on how to achieve this goal and meet their international biodiversity targets.
The report entitled "Dos and don'ts for butterflies of the Habitats Directive of the ...
Wrongful Death Law in Oregon
2012-03-29
Under the common law, there was no cause of action for wrongful death. This meant that when someone died by the act or omission of another person, no claim could be made.
For instance, a wife could not sue someone whose action led to the death of her husband, even though. He would have been able to sue if he had lived. This paradox existed until the legislature took action.
Statutory Remedy
Wrongful death actions were created by state legislatures to fix this legal loophole and to promote fairness. The problem under the common law was a tortfeasor (one who commits ...
Nature: Video reveals wave character of particles
2012-03-29
This press release is available in German.
Quantum theory describes the world of atoms very precisely. Still, it defies our macroscopic conception of everyday's world due to its many anti-intuitive predictions. The wave-particle dualism probably is the best known example and means that matter may spread and interfere like waves. Now, an international team of researchers has recorded the interference process of individual molecules. The recordings were published by the journal Nature Nanotechnology online.
"Seeing how the interference pattern develops with every ...
Connecticut Supreme Court Upholds Truck Accident Damages Award
2012-03-29
The complexity of truck accident liability is based on many factors. Federal truck driver regulations, multiple potentially liable parties and serious medical issues can all come into play, all of which make working closely with an experienced personal injury lawyer an important consideration.
While many personal injury and wrongful death claims settle before trial, sometimes the case becomes challenging because of the nature of trial practice and the necessity of multiple appeals. A recent Connecticut Supreme Court opinion, Saleh v. Ribeiro Trucking reveals the extent ...
LAST 30 PRESS RELEASES:
University of Phoenix College of Social and Behavioral Sciences leadership publishes white paper on trauma-informed education
Microbial iron mining: turning polluted soils into self-cleaning reactors
Molecular snapshots reveal how the body knows it’s too hot
Analysis finds alarming rise in severe diverticulitis among younger Americans
Mitochondria and lysosomes reprogram immune cells that dampen inflammation
Cockroach infestation linked to home allergen, endotoxin levels
New biochar-powered microbial systems offer sustainable solution for toxic pollutants
Identifying the best high-biomass sorghum hybrids based on biomass yield potential and feedstock quality affected by nitrogen fertility management under various environments
How HIV’s shape-shifting protein reveals clues for smarter drug design
Study identifies viral combinations that heighten risk of severe respiratory illnesses in infants
Aboveground rather than belowground productivity drives variability in miscanthus × giganteus net primary productivity
Making yeast more efficient 'cell factories' for producing valuable plant compounds
Aging in plain sight: What new research says the eyes reveal about aging and cardiovascular risk
Child welfare system involvement may improve diagnosis of developmental delays
Heavier electric trucks could strain New York City’s roads and bridges, study warns
From womb to world: scientists reveal how maternal stress programs infant development
Bezos Earth Fund grants $2M to UC Davis and American Heart Association to advance AI-designed foods
Data Protection is transforming humanitarian action in the digital age, new book shows
AI unlocks the microscopic world to transform future manufacturing
Virtual reality helps people understand and care about distant communities
Optica Publishing Group announces subscribe to open pilot for the Journal of the Optical Society of America B (JOSA B)
UNF partners with Korey Stringer Institute and Perry Weather to open heat exercise laboratory on campus
DNA from Napoleon’s 1812 army identifies the pathogens likely responsible for the army’s demise during their retreat from Russia
Study suggests two unsuspected pathogens struck Napoleon's army during the retreat from Russia in 1812
The 25-year incidence and progression of hearing loss in the Framingham offspring study
AI-driven nanomedicine breakthrough paves way for personalized breast cancer therapy
Fight or flight—and grow a new limb
Augmenting electroencephalogram transformer for steady-state visually evoked potential-based brain–computer interfaces
Coaches can boost athletes’ mental toughness with this leadership style
Tunable neuromorphic computing for dynamic multi-timescale sensing in motion recognition
[Press-News.org] NY Castle Doctrine Laws Provide Defense Against Home IntrudersUnder New York's Castle Doctrine, people can use force to protect themselves from intruders into their home, vehicles and businesses. The Castle Doctrine provides a lawful defense against any criminal charges filed by an intruder, such as assault.