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31 State v. Joseph S. Macchia -- rank: 706

... knew that he could retreat in “complete safety.” N.J.S.A. 2C:3-4(b)(2). The jury unanimously rejected defendant’s claim of ... the use of unlawful force by such other person.” N.J.S.A. 2C:3-4(a). The Legislature has limited the use of deadly force ... Id. at (i). Each basis for rejecting self-defense in N.J.S.A. 2C:3-4 therefore constitutes a separate “material element” of the 24 ...

docket:	a-49-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-16
status:
citation:
Document Size:	70386

32 STATE OF NEW JERSEY v. LIVIO A. MORALES -- rank: 703

... 58, 464)). Self-defense is a recognized defense to homicide. N.J.S.A. 2C:3-4(a) provides 'the use of force upon or toward another ...

docket:	a3081-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-03
status:	Unpublished
citation:
Document Size:	40739

33 State of New Jersey v. Edwin Urbina -- rank: 701

... affirmative defense to a charge of aggravated manslaughter. Pursuant to N.J.S.A. 2C:3-4(a), the use of deadly force against another is justifiable ... force by such other person on the present occasion.” N.J.S.A. 2C:3- 4(a). While it is not imperative that actual necessity exist ...

docket:	A-49-13
court:	NJ Supreme Court
decided:	2015-06-16
status:
citation:	221 N.J. 509 115 A.3d 261
Document Size:	67890

34 STATE OF NEW JERSEY v. MICHAEL SAMPSON, -- rank: 696

... necessary to protect himself against death, or serious bodily harm. N.J.S.A. 2C:3-4(b)(2). Therefore, it is the defendant's state of ...

docket:	a4923-16
court:	NJ Superior Court Appellate Division
decided:	2019-11-25
status:	Unpublished
citation:
Document Size:	54617

35 STATE OF NEW JERSEY v. BRIAN S. JENKINS -- rank: 696

... necessity of using such force with complete safety by retreating[.]" N.J.S.A. 2C:3-4(b)(2). Even under defendant's version of the facts ...

docket:	a2713-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-05
status:	unpublished
citation:
Document Size:	35981

36 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 696

... existence of a claimed mental condition. See , e.g. , duress, N.J.S.A. 2C:3-4 to -8; and passion/provocation, N.J.S.A. 2C ...

docket:	A3737-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-17
status:	published
citation:
Document Size:	216466

37 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 696

... existence of a claimed mental condition. See , e.g. , duress, N.J.S.A. 2C:3-4 to -8; and passion/provocation, N.J.S.A. 2C ...

docket:	A3736-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-17
status:	published
citation:	380 N.J. Super. 1 880 A.2d 468
Document Size:	216489

38 STATE OF NEW JERSEY VS. JOHN T. BRAGG -- rank: 689

... against the use of unlawful force by such other person.' N.J.S.A. 2C:3-4(a). Deadly force is not justifiable when an actor can ... necessity of using such force with complete safety by retreating.' N.J.S.A. 2C:3-4(b)(2)(b). A-3502-21 18 However, '[t]he ... retreat from his dwelling, unless he was the initial aggressor.' N.J.S.A. 2C:3-4(b)(2)(b)(i). The Model Jury Charges reiterate that ... Model Jury Charges (Criminal), 'Justification—Self Defense: In Self Protection (N.J.S.A. 2C:3-4)' at 3 (rev. Nov. 13, 2023). In order to succeed ... death, and (2) the defendant did not provoke the attacker. N.J.S.A. 2C:3-4(a) and (b)(2)(a); State v. Gentry, 439 N ...

docket:	a3502-21
court:	appellate
decided:	2024-05-03
status:	Unpublished
citation:
Document Size:	41286

39 STATE OF NEW JERSEY v. JAIME GONZALEZ, A -- rank: 689

... intruder [who is unlawfully in a dwelling]," as provided in N.J.S.A. 2C:3-4(c). The State acknowledged this would ultimately be rendered inapplicable ... want to indicate that in formulating the charge I considered [ N.J.S.A. ] 2C:3-4. There was no model charge that applies to these circumstances ... cite to charge the defense charge that I used, generally [ N.J.S.A. ] 2C:3-4, and referred as the intruder charge. Under those circumstances, I ... authority, and I tried to fashion a charge that incorporates [ N.J.S.A. ] 2C:3-4 and these circumstances. I provided it to counsel. Counsel, I ... judge in this case tracked the essential statutory requirements in N.J.S.A. 2C:3-4(a) and (c). The judge correctly instructed the jury to ... the public policy interests reflected in these two sections of N.J.S.A. 2C:3-4 and gave the jury a proper road map to ...

docket:	a5195-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-05-13
status:	Published
citation:
Document Size:	61391

40 /usr/local/share/www/libweb/collections/courts/appellate/a4143-17.opn.html -- rank: 684

... is justified when: (1) The actor would be justified under [ N.J.S.A.] 2C:3- 4 in using such force to protect himself against the injury ... is necessary for the protection of such other person. Furthermore, N.J.S.A. 2C:3-4(b)(2) provides the use of deadly force is authorized ... immediately necessary to protect Reyes or Jacqueline, as required by N.J.S.A. 2C:3-4(a) and N.J.S.A. 2C:3-5(a ...

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41 STATE OF NEW JERSEY v. SHAUN CLIFTON-SHORT -- rank: 679

... unlawful force by such other person on the present occasion. [ N.J.S.A. 2C:3-4.] There are, however, limitations placed on the use of force ... from any action which he has no duty to take . . . [.] [ N.J.S.A. 2C:3-4.] "[E]rroneous instructions on material points are presumed to be ...

docket:	a5817-08
court:	NJ Superior Court Appellate Division
decided:	2012-09-13
status:	unpublished
citation:
Document Size:	50079

42 STATE OF NEW JERSEY v. JULIAN SANDERS -- rank: 677

... Rodriguez, 195 N.J. 165, 171 (2008). Subsection (a) of N.J.S.A. 2C:3- 4 provides that 'the use of force upon or toward another ... including limitations placed on '[t]he use of deadly force . . . .' N.J.S.A. 2C:3-4(b)(2). Under that subsection, 'deadly force is not justifiable ... necessity of using such force with complete safety by retreating . . . .' N.J.S.A. 2C:3-4(b)(2)(b). 'While it is not requisite that actual ... necessary to protect himself against death or serious bodily harm . . . .' N.J.S.A. 2C:3-4(b)(2)(b). A-1965-18 12 Because the plain ... retreat in lieu of continuing to use deadly force. See N.J.S.A. 2C:3-4(b)(2)(b) (requiring A-1965-18 21 'avoid[ing ... the use of lethal force to repel an attacker. See N.J.S.A. 2C:3- 4(b)(2)(b); Restatement (Second) of Torts, § 65 ( ...

docket:	a1965-18
court:	NJ Superior Court Appellate Division
decided:	2021-05-13
status:	Published
citation:
Document Size:	47123

43 /usr/local/share/www/libweb/collections/courts/appellate/a3139-18.opn.html -- rank: 665

... bodily injury was a disproportionate response to the altercation. See N.J.S.A. 2C:3-4. B. Failure to review discovery. With respect to counsel's ...

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44 STATE OF NEW JERSEY v. JUAN A. ROSARIO -- rank: 662

... force is immediately necessary for protection of himself or others. N.J.S.A. 2C:3-4, -5. A defendant is required to provide notice to the ... of force was not "immediately necessary" to protect himself. See N.J.S.A. 2C:3-4. We have been presented with no meritorious basis upon which ...

docket:	a5311-08
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	127517

45 STATE OF NEW JERSEY v. VINCENT SANBORN -- rank: 662

... against the use of unlawful force by such other person." N.J.S.A. 2C:3-4(a). State v. Erazo , 126 N.J. 112 (1991), upon ...

docket:	a1418-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-04
status:	unpublished
citation:
Document Size:	63212