Amid recent reports of home invasion assaults and robberies in New Jersey, some citizens ask whether New Jersey has a Stand Your Ground” law that allows the use of deadly force to fight criminals intent on doing harm.
The answer is that New Jersey has not adopted specific “Stand Your Ground” legislation but does have laws that establish an individual’s right to self-defense. This includes statutes allowing the use of deadly force to protect one’s home and property, sometimes known as the castle doctrine, as well as to protect one’s self and others in danger.
However, if you discharge a firearm in self-defense and someone else is seriously injured or killed, you are likely to be arrested and held as police work to establish the facts of the case. You could be charged with aggravated assault, manslaughter, or even murder. If so, it is imperative that you seek experienced legal counsel as soon as possible.
Regardless of the circumstances, it is unlikely that an individual will prevail with a self-defense plea on their own. A New Jersey self-defense lawyer from the Law Offices of Jonathan F. Marshall can offer you strategic representation to help you defend your rights. Schedule a free consultation with our respected New Jersey criminal defense attorneys today to learn how we can help you craft a defense based on New Jersey’s self-defense rights.
The Castle Doctrine Self-Defense Law in New Jersey
In most cases, individuals have the right to defend themselves if they are threatened with an attempt by someone to injure them. In some jurisdictions, they must first try to flee the situation if it’s possible to do so safely. The castle doctrine creates an exception to the duty to retreat before using deadly force in self-defense if the individual under attack is in their own home.
The law in New Jersey allowing the use of force in defense of one’s home or personal property (NJ Rev Stat § 2C:3-6 (2013)) follows the castle doctrine. It does not require the homeowner to retreat when facing an attack on their premises. However, the homeowner is obligated to demand that the intruder stop unless this demand could harm the homeowner or someone else or could not be made quickly enough to stop substantial harm to the property.
Can I Shoot a Home Intruder in New Jersey?
For deadly force against an intruder to be justified, the intruder must have already used or threatened deadly force against the property owner or someone else present, or the individual must reasonably believe that someone else present would be in substantial danger of bodily harm without the use of deadly force.
If a homeowner has used deadly force to stop an intruder, the state must presume that they had a reasonable belief that the required danger existed. A prosecutor who brings charges against a homeowner acting in self-defense must prove beyond a reasonable doubt that the individual did not feel threatened or had no reason to feel threatened, as the statute describes.
What Is the Castle Doctrine vs. Stand Your Ground?
The idea that everyone is the ruler over their own household dates to the Bible (Esther 1:22). The Castle Doctrine of self-defense refers to the right of a homeowner, renter, or another lawful occupant to use deadly force to defend their home and the people and property within it.
“Stand Your Ground” laws allow individuals to defend themselves with deadly force in public situations – such as on public streets or public transportation – as well as within their own homes, cars, or workplaces.
According to one count, 23 U.S. states have self-defense laws based on the Castle Doctrine, and 36 have adopted Stand Your Ground laws or effectively have such laws due to case law.
Additional Self-Defense Laws in New Jersey
New Jersey law allows you to protect yourself or others outside of your home:
Protecting Yourself (NJ Rev Stat § 2C:3-4 (2013))
Use of force is justifiable when an individual reasonably believes it is necessary to protect himself or herself against an attack perpetrated by someone else. This does not apply to the use of force against a homeowner protecting his or her property, resisting an arrest, or if the individual provoked the attack.
Protecting Another Person (NJ Rev Stat § 2C:3-5 (2013))
Use of force is justifiable when the individual who acts has a reasonable belief that it is necessary to protect someone else from an attack perpetrated by a third person.
How Can a Self-Defense Attorney in New Jersey Help Me?
In most cases, it is up to the district attorney’s office to decide whether an individual’s belief that they had to take action to avoid or end a dangerous situation was reasonable and legally justifiable as self-defense. As your attorneys, we would compile evidence to demonstrate that your fear was reasonable and your actions to defend yourself were legally justifiable. We would present this evidence to the prosecutor in your case to argue that charges against you should be dismissed or reduced, or we would use it to defend you in court, if necessary.
If you face charges after defending yourself from an assault in New Jersey, contact an experienced N.J. self-defense attorney with the Law Offices of Jonathan F. Marshall as soon as possible. Our legal team will work diligently to prepare a self-defense case and act to protect you from the consequences of the criminal charges you face. Contact us now at 877-534-7338 or online for a free initial consultation.
