In New Jersey, self-defense is defined as the “defense of one’s person or interests, especially through the use of physical force. This is permitted in certain cases as an answer to a charge of violent crime.” Has someone ever attacked you? Was self-defense your only option?

Self-defense is a legitimate and acceptable behavior when a person defends themselves (or others) within the boundaries of the law. However, as with any legal matter, it can get complicated. In today’s blog, we’ll cover when self-defense is and is not justified according to New Jersey law, and what to do if you need to make a self defense claim with a New Jersey self defense attorney.

When is Self-Defense Justifiable in New Jersey?

First, in Section 2C:3-4 of the New Jersey Code of Criminal Justice defines self-defense as:

“…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 present occasion.”

Therefore, just because another person started the fight doesn’t mean that you can do whatever it takes to finish it! In New Jersey, you have the duty to retreat before fighting back, if possible. If it’s not possible to retreat, you must reasonably believe the following:

• The use of force is immediately necessary (you can’t get away)
• The amount of force used is necessary
• The force against him or her is unlawful

Self-Defense and New Jersey Law

Second, if the defendant’s belief about any of these three subjects is unreasonable, then the defense is not available. For example, if a man in a wheelchair hits you with his fist, and you respond by knocking him unconscious with a heavy object, your use of force would be considered unreasonable. Why? First, if you are an able-bodied person, you can easily escape a person in a wheelchair. Second, a heavy object can cause more damage than a person’s fist. Using a heavy object would be excessive compared to the initial aggressor’s use of force. This means both of you could face criminal charges.

When might you be justified to use a heavy object, or even deadly force, as self defense? If you fear for your life or someone else’s life. Deadly force is justifiable when you reasonably believe it necessary to save, either yourself or somebody else, from death or severe bodily injury.

Regardless, you need a skilled attorney to help you create the best defensive strategy.

The Attorney New Jersey Residents Rely On

Finally, maybe you’re looking to make a self defense claim. Or perhaps you face criminal charges for using force against another. If so, contact Mark Catanzaro immediately! This New Jersey self defense attorney has over 30 years of experience defending clients in a variety of criminal cases. He combines his knowledge, determination, and experience to come up with creative and compelling strategies for your case. Get in touch today!