Legal Question in Criminal Law in New York

Re: Self Defense against a larger opponent

Where self-defense is an issue, the question is twofold: first, whether the defendant has the requisite beliefs, that is, whether the defendant believes that deadly force is necessary to avert the imminent use of deadly force or the commission of one of the several enumerated felonies describe in section 35.15 of the Penal Code such as forcible rape, robery or kidnap; and second, whether, in light of the circumstances defendant finds himself in, a reasonable person could have had these beliefs. If you are threatened you can only meet the challenge with equal force. If someone is going to punch you, you can't just shoot him. The law on justified is stated in Penal Code section 35.15, and in part it says, that a person may,use physical force upon another person when and to the extent he reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless, the other person's conduct was provoked by the actor himself with intent to cause physical injury to another person; or the actor was the initial aggressor; except that in such case his use of physical force is nevertheless justifiable if he has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force; or the physical force involved is the product of a mutual combat. A person may not use deadly physical force upon another person under circumstances specified above unless, he reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he knows that he can with complete safety as to himself and others avoid the necessity of so doing by retreating; except that he is under no duty to retreat if he is in his dwelling and not the initial aggressor;

Getting back to you questions, if someone is pushing you, before you use any physical force to protect yourself you must first try to retreat. If the other person keeps coming then you can repel the attack with equal physical force. As the law says, you may only use a weapon or deadly physical force when you believe that your life, or someone else's life, is in imminent danger of having deadly force used against you, and you have first tried to retreat but the person keeps coming. After you try to retreat, if the person keeps coming, then you may use equal force to repel the attack.

Above all remember, the jails are of full of tough guys. So think before you act.