Know whether self-defense strategy works for your case
When you need to defend yourself from a criminal charge, it is necessary to gauge the situation first. This is no easy job and you need an expert’s help to accomplish this. Who can better judge what strategy works for you best than a criminal defense attorney? It is, therefore, essential to talk to a legal professional if you ever face such an accusation.
There are numerous strategies to deal with a criminal charge. One of the ‘affirmative defense’ strategies is ‘self-defense’. As per New Jersey criminal laws, any individual has the right to kill another on grounds of self-defense. You may find the guidelines related to this in New Jersey Statutes.
When is use of physical force in self-defense justified? According to the state laws, if the danger was too imminent and urgent, and there was the risk of fatal or grievous injury, an individual may use physical force to counter the attack. You may also counter an attack on your physical self, if you have already declined to use physical force and the attacker continues to do so.
However, there are certain exceptions to the self-defense rule – If you initiated the use of physical force; or if you provoked the use of physical force in the first phase, you are not eligible for acquittal on grounds of self-defense.
The state of New Jersey has a Castle Doctrine Law in place. You may use physical force in case of an intrusion to your personal property. However, self-defense strategy will not hold ground if there was the use of deadly force against the intruder.
Only a proficient NJ defense attorney is able to assess the position of the case and determine whether ‘self-defense’ works or not. This is the reason you need to consult an attorney to handle the case the right way.