What is Deadly Physical Force?

Under the New York State Penal Code, 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.

There are only two kinds of circumstances in which Deadly Physical Force may be used: to prevent and terminate a crime and to arrest after a crime is committed.

Who can use Deadly Physical Force?

Although there is a different criterion for each, a Police Officer, Peace Officer and a Person can use Deadly Physical Force as long as it is justified such as self defense.

In order for a Person to be justified in using Deadly Physical Force, he/she must be factually correct that the person committing the crime is actually: using Deadly Physical Force on the Person or a 3^rd person, committing Robbery, committing Arson, committing Burglary (it is advised that the Person retreat whenever possible), kidnapping, committing Forcible Rape, and/or committing Forcible Sodomy (Criminal Sexual Act).

In order for a Police Officer or Peace Officer to be justified in using Deadly Physical Force, he/she only needs reasonable grounds to believe a certain crime has occurred. However, the Penal Code also states that a Police Officer’s and a Peace Officer’s ability to use such as force does not constitute to justifying recklessness.

Ameer Khairullah, a New York City resident was charged with 2^nd and 3^rd degree assault and felony leaving the scene without reporting for allegedly assaulting his wife, Bebe Khairullah while she is driving.

According to the investigation, the victim Bebe Khairullah was driving her husband Ameer Khairullah westbound on the Grand Central Parkway in Queens, New York. During the car ride, Ameer allegedly accused Bebe of having sexual encounters with another man and punched her twice in the face while she was driving.

It was additionally alleged that the defendant threw the victim’s body out of the car and roll it over with the car once. A witness purportedly saw the event and attempted to help the victim which caused his vehicle to collide with that of the defendants and threw him into a guardrail.

If convicted, the defendant Ameer Khairullah faces up to 7 years in prison.

Lloyd Nicholson, a correction officer with the New York City Department of Correction was convicted of Gang Assault in the 2^nd Degree and Assault in the 2^nd Degree following a three week bench trial.  It was alleged that Nicholson recruited inmates from the Robert N. Davoren Center on Rikers Island to assault their fellow detainees.

New York State Supreme Court Justice Martin Marcus found that it was beyond reasonable doubt that Nicholson’s “fight club” caused substantial physical injuries to two inmates on June 10, 2007. Nicholson’s “fight club” was called “The Program” in which correctional officers recruited and used inmates to enforce discipline on other inmates.

Nicholson now faces a maximum sentence of 15 years of imprisonment.