NEW JERSEY CRIMINAL LAWYERS

NJ NEW JERSEY SELF DEFENSE LAWYER

Charged with a Violent Crime After Acting in Self-Defense? Here’s What You Need to Know

Have you recently found yourself facing criminal charges after acting in self-defense to protect yourself or others? If so, the first and most crucial step that you need to take is retaining an experienced criminal defense attorney from Todd Spodek’s Law Firm. It is highly unlikely that a self-defense plea can prevail without competent legal representation. At the Law Offices of Todd Spodek, our attorneys specialize in strategic defense that may help you avoid severe penalties such as imprisonment and hefty fines resulting from being found guilty of a self-defense assault charge or self-defense murder charge.

What Constitutes Self-Defense in New Jersey?

Self-defense provides you with the legal right to defend yourself or prevent harm that results from an individual who unlawfully aims to inflict injury. The law permits you reasonable force to protect yourself or your family members from harm. In certain situations, defending personal or real property may warrant counter-aggression with violence. In New Jersey, statutes governing actions considered as self-defense are addressed under NJ Rev Stat § 2C:3-4 (2013). However, the law discourages aggressive behavior; hence prosecutors require compelling legal arguments and evidence before accepting a self-defense claim.

When Is Self-Defense Warranted?

To establish a justifiable claim for self-protection using force in New Jersey, there are three things that the defendant must reasonably believe:

1. The aggressor was directing unlawful force or threatening violence against them.
2. They reacted with force immediately as defense mechanism.
3. They acted within necessary limits of retaliation/counterforce

Consider this example: if an intruder enters your abode without permission, according to the law, you would have to believe that failing to act would result in personal injury to either yourself or anyone else present at the scene of the intrusion.

Is Self-Defense Permissible in NJ?

Self-defense is justified only in specific situations, and in most cases, when a defendant believes that lethal force is necessary to avoid death or severe bodily injury. The law considers the person being attacked to retreat sufficiently or cede property as necessary to avoid retaliation with deadly force, except if it means leaving their home. One cannot claim self-defense if they provoked an attack to respond with deadly power or escalated physical augmentations during confrontations before alleging self-defense. Furthermore, resisting lawful arrest by police or other law enforcement officers does not warrant a claim for self-defense unless the officer uses unlawful force.

Types of Self-Defense Claims in NJ

Depending on individual circumstances, a defendant can plead self-defense while protecting themselves, protecting another person from harm or safeguarding personal property under different statutes:

1. Protecting Yourself: In this case, the defendant will claim that they used force because it was immediately necessary to repel an unlawful violent attack and that such amount of violence was fitting since matters were compelling enough.

2. Protecting Another Person: Self-protection could be claimed where the third party was reasonably believed to be suffering harm and force was necessary to counter such attacks.

3. Protecting Property: Legal defense presented should show the use of requisite force aimed at preventing illegal invasion into one’s abode or property as outlined under NJ Rev Stat § 2C:3-6 (2013). Precedent requires that one communicates orally with the trespasser requesting them to stop before responding with appropriate power; failure in communication/interference may warrant immediate action without any verbal warning.

Can You Go To Jail For Self-Defense?

In most instances, it’s up to district attorneys’ offices to understand if someone’s actions were justifiable since they felt unsafe, avoiding conviction for assault charges resulting from defending themselves. If convicted though, an individual can go straight to jail for acting out of self-defense. However, criminal defense attorneys from Todd Spodek’s Law Firm can gather evidence for your case and present it to the prosecutor – which might help to get charges completely dropped. Even when the prosecutor isn’t convinced, our legal team can still plead self-defense at trial and persuade a judge or jury or work out a deal of pleading guilty to a lesser charge. With attorneys who have professional relationships with prosecutors across the country, we can start negotiations straight away for optimum resolution of assault charges resulting from self-defense.

Contact Todd Spodek’s Law Firm Today

If you have been recently indicted or arrested after defending yourself from an attack in New Jersey, don’t hesitate to reach out to Todd Spodek’s Law Firm immediately. Our team of experienced attorneys will create compelling self-defense cases that petulantly protect you against criminal charges. Contact us today at (877) 450-8301 or online during a free initial consultation about how we can mobilize expertise and defend your rights in New Jersey courts. Always remember; You have the right under New Jersey law to defend yourself and others from any unlawful aggression or incursion into your abode, and as such, with our legal professionals, you could well prepare an acceptable self-defense claim.