When Self-Defense is Not a NJ Defense
Contrary to popular belief, self-defense does not necessarily give citizens the right to retaliate against others or the right to use guns when attacked with a knife. In fact, misunderstanding the law of self-defense can cause a person to go to jail for an assault charge, or worse, for murder.
Under New Jersey’s Criminal Code 2C: 3-4, a person is justified in using force for self-protection when defending “their well-being and the well-being of others from intruders and attackers.” Self-defense can be used against the unlawful use of force by another if the person believes that they are in danger of immediate bodily harm or death, but a person using self-defense cannot exceed the level of force with which the attacker has threatened the defender. For example, if a person attacks another with a bottle, a person would likely not be justified in using self-defense in New Jersey, if that person pulled a gun on the attacker.
Self-defense is the strongest defense, when a person is protecting themselves from a home or car invasion, where the person has no duty to run away from an attacker or intruder. On the other hand, the self-defense doctrine still has many limitations.
For example, a person can not use a self-defense argument in the following instances:
- Peace officer arrests without the use of unlawful force
- Lawful police officer arrests
- When an intruder retreats or surrenders his or her weapon
- The person is the initial aggressor
If you or someone you know has been charged with murder or another violent crime where you believe you were defending yourself, you need the representation of the New Jersey murder defense attorneys of Lependorf & Silverstein. We can help you examine your options for an aggressive defense against serious charges. Contact our office today at 609-240-0040 for your free legal consultation.
