New Jersey Self-Defense

State:
Multi-State
Control #:
US-00891
Format:
Word; 
Rich Text
Instant download

Description

This is a sample jury instruction, whereby the court instructs the jury on the concept of self defense in an assault situation. Care must be taken that the language of the instruction complies with the law in your state and not subject to reversal on appeal.

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FAQ

As the terms imply, this NJ criminal defense applies to those very limited instances where conduct, which would otherwise be criminal in nature, is excused because it was necessary or justified. For obvious reasons, the defense only applies when a narrow set of requirements have been met.

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.

There are no statutory exceptions or exemptions for household or family members on any grounds, whether self-defense, safety instructions, maintenance, or merely moving the gun about the house. This means, under New Jersey law, the concept of a family house gun is inherently unlawful.

Self-defense laws in at least 23 states (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee West Virginia and Wisconsin) provide civil immunity ...

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.

Essentially, you cannot just carry weapons, even non-lethal weapons, with the exception of pepper spray that is under three quarters of an ounce, in New Jersey for self-defense.

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New Jersey Self-Defense