In NY self-defense, the element 'simultaneous' refers to what concept?

• A. Necessity and proportionality
• B. The force used must be proportional to the threat
• C. The force used must occur at the same time as the threat
• D. The defendant must retreat before acting

Answer: (C)

The essential idea here is timing. In New York self-defense, the force used in defense must be applied at the same time the unlawful threat is being posed—the defense must respond to an imminent, ongoing danger as it occurs. If you wait until after the threat has passed or retaliate later, you don’t satisfy this simultaneous requirement.

So the correct concept is that the force used must occur at the same time as the threat. This timing ensures the response is truly in reaction to an immediate danger, not in anticipation or as a post-threat retaliation. The other elements—necessity and proportionality, or a retreat duty—relate to other aspects of self-defense but do not capture this specific timing requirement.