Legal Question in Criminal Law in New York

In New York State, a person has a duty to retreat before he uses DEADLY force unless that person reasonably believes the assailant is committing or attempting to commit a kidnapping, forcible sodomy, rape or robbery. Non deadly force can be used if the person reasonably believes that he or another is threatened w/imminent use of physical force. So, technically no, you don't have to be struck first, but it sure does help.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

It all depends what you mean by aggressive manner. If a person approaches you with a knife in his hand and you cant escape, you may do whatever it take to defend yourself. If he is unarmed, you generally may not use a weapon to defend yourself.