New Jersey Self-Defense - Assault
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FAQ
Many residents are surprised to learn that New Jersey does not have a stand-your-ground law. New Jersey residents cannot legally fight to protect themselves in all circumstances.
Any person has the right to defend himself or herself from harm. Under New Jersey law, a person who has harmed another when acting in self-defense may avoid punishment or jail time that might otherwise be applied.
As a legal concept, "self-defense" is what we call a "legal justification," or "affirmative defense." It means that you did commit the act at issue, but that you had a certain basis or reason to act in such a manner, such that you cannot be found criminally or civilly liable.
Various weapons that are not firearms can be legal tools for self-defense. For example, pepper spray and mace are common self-defense tools in New Jersey and may be freely purchased and carried without a permit. Other weapons, like switchblades, blackjacks, and brass knuckles, are prohibited.
The presumption is if a person is breaking into your home, they're going to do harm to you if you're in the home. Tim Alexander put it this way, "So deadly force is authorized to protect. That's the only time that you can use deadly force from within your home.
You are legally allowed to keep a loaded gun in your New Jersey home or business. While New Jersey does not have a 'stand your ground' law, the use of force is often allowed if you believe you are protecting yourself. However, a person can get in trouble if they shoot, and kill, someone, without good reason.
You may carry more than firearms for self-defense purposes. Various weapons that are not firearms can be legal tools for self-defense. For example, pepper spray and mace are common self-defense tools in New Jersey and may be freely purchased and carried without a permit.
Any person has the right to defend himself or herself from harm. Under New Jersey law, a person who has harmed another when acting in self-defense may avoid punishment or jail time that might otherwise be applied.
