Thought you understood Castle Doctrine? Imagine this: It’s after dark in Huntington Station. You and your family are home when armed intruders burst into your yard. A shot is fired. You act to protect your family, only to find yourself later facing homicide charges.
This is the real story of Youssef Abdel-Gawad, and it’s a sobering example of how quickly self-defense can cross the line from lawful to criminal if you don’t fully understand the Castle Doctrine, curtilage, and the rules outlined in New York Penal Law §35.
Whether you’re a first-time gun owner or an experienced concealed carrier, knowing where your rights begin—and end—is critical.
🏠 What is the Castle Doctrine in New York?
The Castle Doctrine is a legal principle that allows you to use force—including deadly force—to defend yourself inside your own home.
In New York State, this is governed by Penal Law §35.15 and Penal Law §35.20:
- §35.15 allows the use of deadly force if you reasonably believe it’s necessary to prevent imminent death or serious physical injury. In public, you must retreat if safely possible—but not in your own home if you’re not the aggressor.
- §35.20 allows you to use force to stop a burglary or arson in your home, and also applies to people in control of a premises (like tenants or business owners).
You can learn more in our Understanding Use of Force in NY article.
🧱 What Is “Curtilage”?
Curtilage refers to the area immediately surrounding your home—your porch, driveway, or garage. It is legally considered part of your dwelling in some cases, and may fall under Castle Doctrine protections.
However, the farther you go from your door—and especially when you pursue someone onto public or someone else’s property—the Castle Doctrine no longer protects you.
🔥 Case Study: The Youssef Abdel-Gawad Incident
On August 21, 2013, Youssef Abdel-Gawad of Huntington Station confronted multiple intruders who tried to break into his home. One of them allegedly fired a gun at the house.
Abdel-Gawad armed himself and, with his brothers, chased the suspects off the property. But as one suspect, Jazzmen Bryant, fled through a neighbor’s yard, Abdel-Gawad fired and struck him in the back. Bryant later died.
Even though the incident started as self-defense, Abdel-Gawad was charged with manslaughter and criminally negligent homicide. Why? Because Bryant was fleeing—and no longer posed an immediate threat.
The moment Youssef stepped off his property and used deadly force, he crossed a legal boundary.
⚖️ The Legal Line: When the Threat Ends, So Does Your Justification
Under New York’s Castle Doctrine, you may defend yourself against immediate threats inside your home. But once the attacker flees—especially if they’re unarmed or shot in the back—you risk becoming the aggressor under the law.
This principle is a key part of our curriculum in the 18-Hour NY Concealed Carry Class, where we cover:
- Use of Force laws under NY Penal Law Article 35
- Curtilage vs. public space
- Legal responsibilities before and after a defensive incident
- Real-world scenarios like Abdel-Gawad’s case
🚨 Why You Should Never Chase a Fleeing Attacker
No matter how angry, scared, or justified you feel, do not pursue someone once they’re running away:
- You lose your legal cover once they’re no longer an imminent threat.
- You may enter public or private property where you are no longer protected.
- If deadly force is used, the courts will see it as retaliation, not self-defense.
We explore this in depth in our post on When Can You Legally Defend Yourself in New York?
💡 Want to Carry a Gun in NY? Know the Law First.
New York is not a “Stand Your Ground” state. You need to know exactly when you can use deadly force—and when it becomes a crime.
If you’re applying for a permit in Nassau County, Suffolk County, or New York City, start with these helpful guides:
- Nassau County Pistol Permit Guide
- Suffolk County Pistol Permit Application Guide
- NYC Concealed Carry Application Overview
✅ Final Thoughts
The Castle Doctrine in New York gives you the right to defend your home and loved ones—but not to chase someone down after the threat is over. Once an intruder flees, the law expects you to stop, call 911, and let law enforcement take over.
The Abdel-Gawad case is a real-world reminder that knowing your rights isn’t enough. You need to know your limits, too.
🛡️ Be prepared. Be informed. Be responsible.
👉 Sign up now for our NY 18-Hour Concealed Carry Training
Note: This blog post is intended for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult a qualified attorney.
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