You may find yourself a victim of unlawful force from another person, which may be classified as force used without your consent, in such a way that it may be considered civilly wrong or a criminal offense. However, in a complete turn of events, you may find yourself as the one who is accused of assault at the end of the incident instead. Well, for this, you may have to resort to making a self-defense claim before the New Jersey criminal court. Continue reading to learn whether you are allowed to claim self-defense when accused of assault and how one of the experienced New Jersey & Pennsylvania criminal defense lawyers at The Vigilante Law Firm, P.C.
Can I claim self-defense if I’m fighting an assault charge?
By definition, self-defense is the right of a person to defend against any unlawful force or seriously threatened unlawful force that is actually pending or reasonably anticipated. That said, yes, self-defense is a commonly used defense in assault cases. However, to be allowed to make this claim, the defendant must have used force or deadly force for only justified reasons. In other words, they must prove to the New Jersey criminal court that the following conditions existed:
- The defendant must have reasonably believed that they must use force or deadly force.
- The defendant must have reasonably believed that using force or deadly force was immediately necessary.
- The defendant must have reasonably believed that they used force or deadly force to defend themselves against death or serious bodily harm.
- The defendant must have reasonably believed that the intensity level of their force or deadly force was proportionate to the unlawful force they attempted to defend against.
How can a prosecutor go against my argument of self-defense claim?
In short, a prosecutor has the burden of proof to prove, beyond a reasonable doubt, that your self-defense claim is untrue. That is, they may demonstrate that not all of the conditions, as mentioned above, existed in your incident. One way that may do this is by arguing that you provoked or incited the use of force against yourself during the same incident. This element may make the defense unavailable to you entirely.
Or, a prosecutor may argue that you knew you could have avoided the necessity of force or deadly force by simply retreating with complete safety. The only exception to this, though, is if you can establish that the incident occurred at your own dwelling, which you are not necessarily required to retreat from. Specifically, your dwelling may include your porch or another similar structure attached to or part of your main residence. Even so, you must confirm that you did not initiate this incident in the first place.
If you need a legal representative urgently, please do not miss another opportunity to schedule an initial consultation with one of the experienced New Jersey & Pennsylvania criminal defense lawyers from The Vigilante Law Firm, P.C. Contact our firm today.
