Legal Question in Criminal Law in New Jersey

Self Defense

at work we have an argument about the law, If you are armed with a gun leagally and confronted by a baseball bat swinging maniac on your property and you shoot him dead in self defense. will the shooter be arrested and charged for murder?


Asked on 2/12/09, 3:04 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Self Defense

In New Jersey there is always a duty to retreat. If you can not reasonably retreat from the deadly force asserted you have the right to use deadly force to defendant yourself. Being a bit to quick to shoot may get you some criminal charge. You can

not shoot someone with a gun unless there is an immemdiate threat to you or another.

Gary Moore

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Answered on 2/12/09, 3:59 pm
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Self Defense

Self defense is just that, a claim of defense. The police can still charge you for murder, and you can claim self defense as the basis for your use of deadly force when your case goes to trial in order to try and beat the charge against you. In general though, and especially if you are outside as described in your hypothetical, you are required to leave the area of your assailant and not shoot them to death.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 2/12/09, 6:25 pm


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