Legal Question in Criminal Law in New Jersey
My son is being charged with 2nd aggravated asssault with a potential jail term of 10+ years. He got into a fight with another individual in his own home. He had minor cuts and scrapes and the other individual has a broken jaw, 3 broken ribs and a broken knee cap. The other individual was intoxicated and threw the first punch and had my wallet in his posession when the police were called. Can this be considered self-defense if the other individual threw the first punch and attempted to steal from me?
4 Answers from Attorneys
First of all, the maximum sentance for second degree aggravated is ten years, but it should also be noted that, upon conviction or guilty plea, there is a presumption of imprisonment and
that eighty-five percent of any sentance imposed must be serviced before the convicted party can be paroled/released from prison.
It would be construed as self-defense or it could be considered to be excessively violent beyong
the reasonable amount of violence needed to defend oneself. You need to hire an attorney for your son.
Call me if you like.
It might be possible to claim self defense, but I would need to review all the evidence on your son's case before I can give you a definite answer. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.- (908)-272-0111
www.njworkerscompensationlaw.com
Self defense is a viable defense depending on all the circumstances...defense of the sanctity of one's home is certainly a factor.....
Size of the individuals in question could determine if force was excessive. Don't try to get by without legal help...This is too serious.
Call me to discuss the matter if you would like.
215 732 4000
My website is www.saulhsegan.com
Sincerely,
Saul Segan
In my experience, this case is going to a jury to decide....
So you have to choose wisely your steps to get there.
If your son has a public defender, set up a meeting.
If not, you need to hire an attorney. Interview a few and then make a reasonable choice based on their theory of the case, their past performance in similar cases, their general experience, their willingness to "work", and, of course, their fee structure.
I wish you and your son the best and hope you will call or write me at [email protected] with any additional details or questions.
Mike
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