What if I Was Acting in Self-Defense?
If someone is trying to hurt you, our instinct is to protect ourselves. However, there are limits as to what you can do to defend yourself. New Jersey allows for self-defense, but not in excess.
For example, if someone slaps you in the face, you cannot get a gun and shoot them to death. The level of defense must be proportional. However, if someone puts a gun in your face, you can also use a gun and shoot the attacker if necessary. What happens if you act in self-defense? Melissa Rosenblum is an experienced criminal defense lawyer and can tell you what you need to know about New Jersey laws.
What New Jersey Law Says
Under N.J.S.A. 2C:3-4, self-defense is the right of a person to defend against any unlawful force. While a person has the right to defend themselves, they can only use a certain amount of force based on the situation.
If the force used by a person was not necessary for their protection or if the force used was disproportionate in its intensity, then self-defense does not apply. There are different levels of force that a person may use in one’s own defense. They can only use that amount or degree of force that they reasonably believe is necessary to protect themselves against harm — nothing more. If the person is attempting to protect themselves against serious injury or death, then they are allowed to resort to the use of deadly force. Otherwise, they may only resort to non-deadly force.
To determine if the force used under self-defense was unreasonable, the judge and jury must consider the circumstances surrounding the incident. They will also look at the size, age, and physical condition of both people to assess whether self-defense was necessary. Under normal circumstances, a man would not be able to claim self-defense against a child.
There are also exceptions and restrictions. For example, you cannot use deadly force if you provoke an attacker.
When is Self-Defense Justified?
New Jersey does not have a Stand Your Ground law. However, the Castle Doctrine applies. This means individuals are allowed to use force, including deadly force, to defend themselves in their homes without a duty to retreat. Based on New Jersey laws, self-defense is justified in the following situations:
- If you are forced to protect yourself because you fear serious injury
- Protecting others if you know they are in danger
- You can use deadly force to protect your home or property
Contact Us Today
New Jersey law allows you to protect yourself or others outside of your home. However, you must use the appropriate amount of force to avoid being charged with a crime.
A self-defense claim is not easy to fight. Protect yourself with help from Atlantic City criminal defense lawyer Melissa Rosenblum at The Law Offices of Melissa Rosenblum, LLC. With 25 years of experience defending clients from criminal charges, you can count on the right guidance. Schedule a consultation today by calling (609) 904-6262 or contacting us online.