Self Defense Law and defense against Assault charges

Self-Defense in New Jersey By Kenneth Vercammen The United States Constitution and New Jersey State laws permit us to protect ourselves. As homeowners, there are legal measures that can be used to keep out intruders. The Second Amendment to the US Constitution provides that we have the right to bear arms. Obviously, civilized society has certain restrictions on gun and weapon use. The basic question many people have is, if I defend myself and the attacker claims they are hurt, can I be liable? There are two vastly different grounds for liability: criminal liability and civil liability. Self-Defense and Avoiding Criminal Responsibility A person may use force against another person if he reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person. Such justifiable use of force is commonly call "self-defense." The provisions for self-defense to protect citizens from criminal charges are found in the criminal code at NJSA 2C-3-4(a), which states in part: "... The use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the unlawful force by such other person on the present occasion." In other words, self-defense is the right of a person to defend against any unlawful force. Self defense is also the right of a person to defend against seriously threatened unlawful ...

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