Can I Use Self-Defense as a Defense Against Assault Charges in New Jersey?

In New Jersey, there are many defense options individuals may attempt to use when facing assault charges, one of the most common being self-defense. Although acts of violence can land you in legal trouble, it is important to keep in mind that not all violence is considered criminal. Sometimes to prevent yourself or others from being harmed you have to take action using force. For more information regarding whether or not you can implement self-defense in your case, reach out to an experienced Mercer County assault defense lawyer today.

Can I Use Self-Defense as a Defense Against Assault Charges in NJ?

Yes, it is possible to use self-defense as an effective defense against assault charges. Self-defense allows individuals to protect themselves from harm by using reasonable force to defend themselves from an immediate threat of violence. According to NJ law, “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.”

In simpler terms, self-defense is a person’s right to use force to defend themselves against any unlawful force or threat from another person. While it is an individual’s right to protect themselves, it is important to note that New Jersey does not enforce a Stand Your Ground law, as many other states do. While NJ residents can defend themselves they have a legal obligation to retreat if it is safe to do so before or during their use of force.

How Can I Prove Self-Defense in My Case?

While self-defense is a legally protected right, if you are using it as a defense in a legal case it is important that you are able to prove that you acted under specific conditions that allowed your use of force. When implementing self-defense in your assault case, you must be able to demonstrate the following.

1. Imminent threat: There must have been an imminent and real threat of harm, meaning there was an immediate danger to your safety or you reasonably believed that there was an immediate danger to your safety.
2. Proportionate force: The force you used in self-defense was proportionate to the threat you were facing. For example, if someone threatened you with non-deadly force, you cannot respond using deadly force and consider it self-defense.
3. Retreat: There was no opportunity to safely retreat or escape the situation without using force, and if there was an opportunity during the incident you took it and retreated.

It is also worth noting that New Jersey’s self-defense law only applies to a response to unlawful force. If you are walking down the street and someone attacks you, you may use self-defense as a defense in a future assault case. However, if you pick a fight with someone in a bar, for example, you will likely not be able to make a claim of self-defense.

For more information and to obtain skilled representation during your case, reach out to an experienced attorney today.