When someone is charged with murder in New Jersey, one possible defense is that the act was committed in self-defense or qualifies as a justifiable homicide. These defenses, when valid, can either lead to a full acquittal or a significant reduction in charges. Understanding how New Jersey law views self-defense is critical for anyone facing serious criminal charges.
What Is Self-Defense in New Jersey?
Under New Jersey law (N.J.S.A. 2C:3-4), self-defense is justified when a person uses force to protect themselves or someone else from the immediate use of unlawful force. The use of deadly force, however, is only permitted when the person reasonably believes it is necessary to prevent death or serious bodily harm.
Notably, New Jersey law requires that a person retreat if possible, unless they are in their own home and were not the initial aggressor. This means if you can safely avoid using deadly force—such as by walking away—you must do so.
Justifiable Homicide: When Is a Killing Considered Lawful?
A killing may be considered justifiable homicide when it occurs in the course of lawful self-defense. If a defendant can prove that they acted out of a reasonable belief that deadly force was necessary, the killing may not be considered a crime under the law. This can serve as a complete defense to murder charges, resulting in dismissal or acquittal.
However, the courts will closely examine whether the belief was both honest and objectively reasonable. If it were only honest but not reasonable, it might reduce the charge from murder to a lesser offense, such as manslaughter.
How Does This Defense Affect a Murder Case?
Once a defendant raises a valid claim of self-defense, the burden shifts to the prosecution to prove beyond a reasonable doubt that the defendant did not act in self-defense. This is a powerful shift and can drastically change the outcome of a case.
In some cases, even if the self-defense claim does not completely exonerate the defendant, it may convince a jury to convict on a lesser charge. For example, a murder charge may be reduced to aggravated or reckless manslaughter, which carries lighter penalties.
How The Law Offices of Christopher St. John Can Help
At The Law Offices of Christopher St. John in Cherry Hill, we understand that every case has two sides. If you acted in self-defense, you deserve a strong, experienced advocate who can present the whole picture. Our team thoroughly investigates your case, gathers evidence, and presents your defense effectively in court. Don’t face serious charges alone. Contact The Law Offices of Christopher St. John today for a confidential consultation and start building your defense.
Christopher St. John
Tess Berkowitz