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61 STATE OF NEW JERSEY v. CHARLES F. SAWYER -- rank: 636

... failing to give a self-defense jury charge. Pursuant to N.J.S.A. 2C:3-4(a), the use of force is permissible for self- defense ... the use of force against himself in the same encounter.' N.J.S.A. 2C:3-4(b)(2)(a). Here, there was no rational basis for ...

docket:	a4786-15
court:	NJ Superior Court Appellate Division
decided:	2019-01-30
status:	Unpublished
citation:
Document Size:	48288

62 STATE OF NEW JERSEY v. JOHN N. MAHONEY -- rank: 633

... to retreat in his own home. We disagree. According to N.J.S.A. 2C:3-4(b)(2), '[t]he use of deadly force is not ... her] dwelling, unless he [or she] was the initial aggressor . . . .' N.J.S.A. 2C:3-4(b)(2)(b)(i). Here, the court omitted from its ... retreat even though he was in his own home. See N.J.S.A. 2C:3-4(b)(2)(b)(i). Again, defendant's father was unarmed ...

docket:	a3706-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-19
status:
citation:
Document Size:	41794

63 STATE OF NEW JERSEY v. DAVID P. GIORDANO -- rank: 626

... instruction. See Model Jury Charge (Criminal), 'Justification – Self Defense ( N.J.S.A. 2C:3- 4)' (rev. June 13, 2011). Among other things, the judge instructed ... defense involving use of force upon an intruder, pursuant to N.J.S.A. 2C:3-4(c)(1), which states: notwithstanding the provisions of N.J ... the dwelling against the use of unlawful force by' Taylor. N.J.S.A. 2C:3-4(c). We note that in instructing the jury on self ... that the judge's failure to charge the defense under N.J.S.A. 2C:3-4(c) was not plain error. As we have explained, the ... had no obligation to sua sponte charge the defense under N.J.S.A. 2C:3-4(c). Affirmed. 18 A-4080-15T2 This archive is a ...

docket:	a4080-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-08
status:	unpublished
citation:
Document Size:	55825

64 STATE OF NEW JERSEY v. TATRONE R. WATERS -- rank: 626

... State v. Galicia , 210 N.J. 364 , 389 (2012) (quoting N.J.S.A. 2C:3-4(a)). "The use of deadly force is not justifiable . . . unless ... necessary to protect himself against death or serious bodily harm[.]" N.J.S.A. 2C:3-4(b)(2). Moreover, the use of deadly force is not ... necessity of using such force with complete safety by retreating . . . ." N.J.S.A. 2C:3-4(b)(2)(b). "A trial judge must sua sponte charge ...

docket:	a2815-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-03
status:	unpublished
citation:
Document Size:	28508

65 STATE OF NEW JERSEY v. TREMAYNE A. RODRIGUEZ -- rank: 624

... s self-defense claim) (quoting N.J.R.E. 401)). N.J.S.A. 2C:3-4(a ) provides that the use of force is justified "when ... necessary to protect himself against death or serious bodily harm . . . ." N.J.S.A. 2C:3-4(b)(2). The Criminal Code further limits the use of ... thing to a person asserting a claim of right thereto . . . ." N.J.S.A. 2C:3-4(b)(2)(b). "A self-defense claim therefore requires a ... death or serious bodily injury must, of course, abide trial. N.J.S.A. 2C:3-4(a ) (emphasis added). We only conclude that the proffered evidence ...

docket:	a0385-16
court:	NJ Superior Court Appellate Division
decided:	2017-02-06
status:	unpublished
citation:
Document Size:	35054

66 STATE OF NEW JERSEY VS. ROSENDO S. GOMEZ-SERPAS -- rank: 624

... basis upon which to charge the jury on self-defense. N.J.S.A. 2C:3-4 provides '[t]he use of force upon or toward another ... he has no duty to take. . . . A-0323-22 12 [N.J.S.A. 2C:3-4(b)(2).] Judge Deitch carefully reviewed the video evidence and ...

docket:	a0323-22
court:	appellate
decided:	2024-04-22
status:	Unpublished
citation:
Document Size:	27308

67 STATE OF NEW JERSEY v. CANTREL C. SPARKS -- rank: 624

... the use of force against himself in the same encounter.' N.J.S.A. 2C:3-4(b)(2)(a); see also N.J.S.A. 2C ... to meet an immediate danger should the justification afforded by N.J.S.A. 2C:3-4 be considered.' 104 N.J. at 208-09; accord State ...

docket:	a0678-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-11
status:	unpublished
citation:
Document Size:	39422

68 STATE OF NEW JERSEY v. BRIAN FOWLKES -- rank: 619

... or property, or justifiable to prevent a crime, is lawful. N.J.S.A. 2C:3-4 to -7. In addition to those justifications, N.J.S ... justifications for defense of self, others, property or law enforcement, N.J.S.A. 2C:3-4 to -7, are not in issue. N.J.S.A ...

docket:	a3639-06
court:	superior court appellate division
decided:	2010-01-12
status:	unpublished
citation:
Document Size:	83793

69 STATE OF NEW JERSEY v. D.C.N. -- rank: 616

... would otherwise constitute a crime. A-2737-18 12 See N.J.S.A. 2C:3-4. On the other hand, a self-protective purpose is simply ... in Harmon, that self-defense as a justification pursuant to N.J.S.A. 2C:3-4, is relevant to the offense of possession without a permit ...

docket:	a2737-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-01
status:	Unpublished
citation:
Document Size:	48889

70 State v. Roy R. Williams -- rank: 616

... 206; 303 N.J. Super. 311, 323 (App. Div. 1997); N.J.S.A. 2C:3-4, -5. What makes defensive evidence “imperfect” is its failure to ... that certain statutory preconditions are satisfied.” Id. at 301; see N.J.S.A. 2C:3-4 and -5. “[L]egal self-defense contemplates volitional conduct.” Ibid ... if he [or she] . . . believes or hopes that they exist.” N.J.S.A. 2C:3-4 and -5, requires three elements to be met: [O]ne ... has rewritten the Legislature's definition of justification defenses under N.J.S.A. 2C:3-4 and -5.     Even if imperfect self-defense or defense of ...

docket:	a-46-00
court:	njsupreme
decided:	2001-06-19
status:
citation:	168 N.J. 323
Document Size:	74168

71 STATE OF NEW JERSEY v. CARLOS ORTIZ -- rank: 614

... necessary to protect himself against death or serious bodily harm.' N.J.S.A. 2C:3-4(b)(2). Such force is not justifiable, however, if defendant ...

docket:	a3952-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-26
status:	Unpublished
citation:
Document Size:	51695

72 STATE OF NEW JERSEY v. TONY ELI -- rank: 612

... See Model Jury Charges (Criminal), 'Justification- Self Defense Resisting Arrest (N.J.S.A. 2C:3-4)' (approved Oct. 17, 1988). He claims that he was prejudiced ... Model Jury Charges (Criminal), 'Justification-Self Defense In Self Protection (N.J.S.A. 2C:3-4)' (revised June 13, 2011). However, the charges diverge in how ...

docket:	a0141-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-04
status:	Unpublished
citation:
Document Size:	43688

73 D.S v. J.S -- rank: 609

... 1(a), unless he was justified by self-defense, see N.J.S.A. 2C:3-4, or protection of property, see N.J.S.A. 2C ... unlawful force' by his wife. See A-5021-17T2 21 N.J.S.A. 2C:3-4(a). John thus must have believed he needed to grab ...

docket:	a5021-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-14
status:	Unpublished
citation:
Document Size:	45230

74 STATE OF NEW JERSEY v. DONALD NAEEM BAILS -- rank: 607

... 413 N.J. Super. 276 , 296 (App. Div. 2010) (quoting N.J.S.A. 2C:3-4(a)). A trial judge must charge self defense "'if there ...

docket:	a5798-08
court:	NJ Superior Court Appellate Division
decided:	2011-10-19
status:	unpublished
citation:
Document Size:	50113

75 STATE OF NEW JERSEY v. ANWAR H. BELTON -- rank: 607

... it necessary to protect against 'death or serious bodily harm.' N.J.S.A. 2C:3-4(b)(2). Applying Urbina, we are persuaded that defendant suggested ... force was necessary to protect against such serious bodily harm. N.J.S.A. 2C:3- 4(b)(2).4 As defendant suggested a defense of defense ... the use of force against himself in the same encounter.' N.J.S.A. 2C:3-4(b)(2)(a). 18 A-0971-16T1 and voluntary . . . a ...

docket:	a0971-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-26
status:	published
citation:	452 N.J.Super. 528 178 A.3d 74
Document Size:	72009