If you are facing assault charges in New Jersey, you may be overwhelmed and wondering what your options are regarding defensive strategies. The good news is that if you were acting in self-defense, you can use this fact as a defense to fight your assault charges. It is imperative that you obtain the help of an experienced Bergen County criminal defense lawyer for skilled legal advice and representation during your case. Contact the Law Office of Boyd & Squitieri to set up your free consultation today.
What is Self-Defense?
Self-defense is an important aspect of criminal law in New Jersey and occurs when an individual uses violence or force to quell a threat against them. It is the reasonable use of force to protect oneself or others from imminent harm or a reasonable fear of harm.
For example, if you are attacked on the street, you may start hitting your attacker or grabbing a nearby object to use as a weapon. Because you did not initiate the violence, only reacted to it in order to protect yourself, it is generally considered self-defense.
Can Self-Defense Be Used to Fight Assault Charges in NJ?
Yes, you can use self-defense as a valid defense to fight assault charges in New Jersey. N.J.S.2C:3-4 is the statute that acknowledges self-defense. The statute was amended in 2006 and states, “the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the represent occasion.”
When a person has a genuine reason to believe that it is necessary to protect themselves from the use or imminent threat of harm, they are permitted to use force. However, it is important to keep in mind that New Jersey law stipulates that the use of force is not justified if the individual has a chance to retreat, such as by running away or getting out of the situation somehow. This is called a duty to retreat.
How Can I Prove Self-Defense?
The prosecution has the burden of proving that you are guilty of assault. To counter their claims, you must simply cast doubt on the jury’s judgment. To successfully claim self-defense during your assault case, you must be able to establish the following.
- You had a reasonable belief that you were in imminent danger of being harmed based on a direct threat or other circumstances surrounding the situation
- The force that you used was proportionate to the threat that you faced, as in you did not exert deadly force when the threat was nondeadly, for example
- There was no opportunity for you to safely retreat without exerting force, and if an opportunity arose during the altercation, you did retreat
- You did not instigate the confrontation or provoke the other individual in some way
If you can provide evidence of the above factors, you may be able to convince a court that you are not guilty of assault and that your use of force was solely to protect yourself. Reach out to an experienced attorney for more information today.
