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?
2 Answers from Attorneys
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
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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