Anthony N. Palumbo New Jersey Criminal Defense Attorney
www.palumbo-renaud.com
In New Jersey, a defendant may assert the justification of self defense (or defense of another) if the defendant honestly and reasonably believed that the use of defensive force was necessary. N.J.S.A. 2C:3-4. However, New Jersey does not recognize the justification of Imperfect Self Defense as some states do. Imperfect Self Defense occurs when the defendant is only able to satisfy some of the elements of Self-Defense, but cannot prove them all. State v. Williams, 168 N.J. 323 (2001). For example, if a defendant’s belief that force was required was not reasonable, but he honestly believed that it was necessary, he could not use the defense because his evidence would be “imperfect.” Id. However, this does not mean that the evidence of an honest but unreasonable belief cannot be used for other purposes in the case. Id. The defendant may still use the evidence of his honest, but unreasonable belief to negate the required intent element of the prosecution’s case. Id.
In Williams, 168 N.J. 323, the defendant claimed the justification of defense of another against charges of attempted murder and aggravated assault. In this case there was much dispute as to the factual scenario that actually occurred. Id. The defendant claimed that he fired a weapon at a moving van that was headed toward his wife, while the driver of the van and several other witnesses claimed that the shots were fired without provocation. Id. The van driver’s claim was the claim that was ultimately accepted by the trial court and the defendant was convicted on account of that evidence. Id. On appeal, the court noted that if the jury found that the defendant’s belief in the need to use force was honest, but unreasonable, he would not be justified under Self-Defense because his belief was unreasonable and New Jersey does not recognize imperfect self defense. Id. However, the defendant still had the right to negate the prosecution’s case against him for attempted murder and aggravated assault on grounds that his honest belief that his wife needed defense against force, negated his intent to commit the crimes. Id.
For more information on the Criminal Charges in New Jersey, visit my website Anthony N. Palumbo, New Jersey Criminal Defense attorney at www.palumbo-renaud.com.
Anthony N. Palumbo, New Jersey Criminal Defense Lawyer, former County and Municipal Court Prosecutor with over 35 years defending people accused of crimes such as Drug Offenses, Domestic Violence, Child Molestation Crimes, Sexual Offenses, Theft Crimes, Juvenile Offenses, Traffic Violations, Assault & Threat Crimes, DWI/DUI and all Municipal Court offenses. If you are looking for an aggressive and knowledgeable attorney to fight for you, call 1-866-664-8118.
