Search Rutgers Law Library N.J. Court Opinions

1 State v. Reynaldo Galicia -- rank: 1000

... of several forms of justification recognized by our Code. See N.J.S.A. 2C:3-4. Justification is an affirmative defense in any prosecution based on ... force by such other person on the present occasion.” N.J.S.A. 2C:3-4(a). To avail himself of the justification of self-defense ... self-defense when the actor chooses to use deadly force, N.J.S.A. 2C:3-4(b)(2), defined as “force which the actor uses ... deadly weapons today entrusted to our citizenry.” (quotation omitted)). N.J.S.A. 2C:3-4(b)(2) provides that the use of deadly force is ... using it with complete safety” by means of a retreat, N.J.S.A. 2C:3-4(b)(2)(b). Justification by self-defense is similarly unavailable ... not entitled to invoke the justification of self-defense. See N.J.S.A. 2C:3-4(b)(2)(b). We therefore affirm the determination of ...

docket:	A-79-10
court:	NJ Supreme Court
decided:	2012-06-19
status:
citation:
Document Size:	152039

2 State v. Barrington McDonald -- rank: 939

... Munroe , supra , ___ N.J. at ___(slip op. at 20) (quoting N.J.S.A. 2C:3-4(b)(2)). Here, in contrast, there is no version of ...

docket:	A-118-10
court:	NJ Supreme Court
decided:	2012-07-23
status:
citation:	211 N.J. 4 47 A.3d 669
Document Size:	130596

3 IN THE MATTER OF APPLICATION OF JONATHAN R. WHEELER -- rank: 922

... J.S.A. 2C:12-1a(1)-(2), b(1); N.J.S.A. 2C:3-4 to -5 (requiring a reasonable assessment of threat and its ... serious, injurious consequences wholly outside the purview of self-defense. N.J.S.A. 2C:3-4, -5, -9. While comparisons with other enumerated, limited rights are ... J.S.A. 2C:12-1a(2), b(3)-(4); N.J.S.A. 2C:3-4, -5, -9. The risk of reckless and negligent injury is ...

docket:	a3704-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	published
citation:	433 N.J.Super. 560 81 A.3d 728
Document Size:	171384

4 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 874

... defense of 'use of force in self-protection,' codified in N.J.S.A. 2C:3-4, would apply in a prosecution for violation of N.J ... like anyone else, may attempt to claim self-defense under N.J.S.A. 2C:3-4 (use of force in self-protection) to justify the use ...

docket:	a3586-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-25
status:	Published
citation:
Document Size:	111045

5 STATE OF NEW JERSEY v. JARED RAZZANO -- rank: 865

... on the 'use of force upon an intruder' pursuant to N.J.S.A. 2C:3-4(c), rather than the general use of force instruction pursuant ... A-5621-18 6 2C:3-4(a) and (b). N.J.S.A. 2C:3-4(c) was added to the penal code in 1987. P ... Judge Picheca rejected defendant's request-to-charge, ruling that N.J.S.A. 2C:3-4(c) applies only to dwellings and that term does not ... not part of defendant's 'dwelling' within the meaning of N.J.S.A. 2C:3-4(c). The standard of review for jury charges is well ... 677, 688 (2000). The term 'dwelling' is not defined in N.J.S.A. 2C:3-4(c).5 The plain language of the phrase 'in a ... Charges (Criminal), 'Justification – Use of Force Upon an Intruder (N.J.S.A. 2C:3-4(c))' (rev. Sept. 21, 2016). The model charge further ...

docket:	a5621-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-26
status:	Unpublished
citation:
Document Size:	43444

6 STATE OF NEW JERSEY v. ROBERT HANDY -- rank: 862

... defend himself, by reasonable means, from attacks by others. See N.J.S.A. 2C:3-4. Having outlined these important core principles, we now focus upon ...

docket:	a0401-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-04
status:	published
citation:	421 N.J. Super. 559 25 A.3d 1140
Document Size:	160204

7 /usr/local/share/www/libweb/collections/courts/appellate/a1137-17.opn.html -- rank: 857

... S[A.]. 2C:2-8(e)(2) – INTOXICATION. C. N.J.S.[A.] 2C:3-4(a) – USE OF FORCE IN SELF-PROTECTION; N.J ... trial court should have instructed the jury on self-protection, N.J.S.A. 2C:3-4(a) and use of force in defense of premises and ...

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court:
decided:
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Document Size:	97250

8 State v. David Bass -- rank: 855

... the trial court to instruct the jury, in accordance with N.J.S.A. 2C:3-4(c), regarding the use of force that is permissible when ... force by such other person on the present occasion.” N.J.S.A. 2C:3-4(a). “The use of deadly force is not justifiable ... to protect himself against death or serious bodily harm[.]” N.J.S.A. 2C:3-4(b)(2); see also State v. Urbina , 221 N.J ... charge requested by defendant in this case is premised on N.J.S.A. 2C:3-4(c). That statute addresses the circumstances under which deadly force ... toward an intruder who is unlawfully in a dwelling[.]” N.J.S.A. 2C:3-4(c)(1). Such force is justifiable when the person who ... surrender or withdraw, and the intruder refused to do so. [ N.J.S.A. 2C:3-4(c)(2).] If the statute applies, the person using ...

docket:	A-118-13
court:	NJ Supreme Court
decided:	2016-03-07
status:
citation:	224 N.J. 285 132 A.3d 1207
Document Size:	160370

9 State v. Joey J. Fowler -- rank: 850

... force by such other person on the present occasion.” N.J.S.A. 2C:3-4(a). If a self-defense charge is requested and supported ... honor Hearns’s request for a self-defense charge. When N.J.S.A. 2C:3-4(a), N.J.S.A. 2C:3-4(b)(2), and N.J.S.A. 2C:3-9 ... an affirmative defense to an otherwise criminal act of homicide. N.J.S.A. 2C:3-4(a) sets forth the basic principles of the self-defense ... deadly force; both can be justifiable. See ibid.; see also N.J.S.A. 2C:3-4(b)(2) (imposing certain limitations on the use of deadly ... force by such other person on the present occasion.” N.J.S.A. 2C:3-4(a) (emphases added). As with all statutes, when interpreting ...

docket:	a-5-18
court:	NJ Supreme Court
decided:	2019-07-30
status:
citation:	--- A.3d ----
Document Size:	76421

10 STATE OF NEW JERSEY v. CONRAD R. SIPA -- rank: 807

... REQUIRED TO FIND IN ORDER TO DISALLOW SELF-DEFENSE UNDER N.J.S.A. 2C:3-[4](b)(2) (THE COURT'S INCORRECTLY INSTRUCTING THAT: 'THE DEFENDANT ... Jury Charges (Criminal), 'Justification – Self Defense in Self Protection (N.J.S.A. 2C:3-4)' (rev. June 13, 2011). We note that a copy of ... unlawful force by such other person on the present occasion.' N.J.S.A. 2C:3- 4(a). Considering all relevant circumstances, we conclude the trial court ... purposes of the duty to retreat before employing deadly force, N.J.S.A. 2C:3- 4(b)(2)(b). Even accepting for the sake of argument ...

docket:	a5252-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-06
status:	Unpublished
citation:
Document Size:	129199

11 STATE OF NEW JERSEY v. LEROY TUTT -- rank: 795

... instructed as to self-defense, an affirmative defense codified in N.J.S.A. 2C:3-4. Pursuant to statute, "the use of force upon or toward ... unlawful force by such other person on the present occasion." N.J.S.A. 2C:3-4(a). However, "[t]he use of deadly force is not ... necessary to protect himself against death or serious bodily harm." N.J.S.A. 2C:3-4(b)(2). The use of deadly force is unavailable if ... of force against himself [or herself] in the same encounter." N.J.S.A. 2C:3-4(b)(2)(a). "Justification by self-defense is similarly unavailable ...

docket:	a4042-12
court:	NJ Superior Court Appellate Division
decided:	2016-07-18
status:	unpublished
citation:
Document Size:	65563

12 STATE OF NEW JERSEY v. VIRGINIA A. VERTETIS -- rank: 778

... Model Jury Charge (Criminal), 'Justification - Self-Defense in Self Protection (N.J.S.A. 2C:3-4)' (rev. June 13, 2011). A-1687-17T2 41 has the ... § 3.04 (Am. Law. Inst. 2019). Under current law, N.J.S.A. 2C:3-4 provides the following guidance on self-defense: a. Use of ... death, and (2) the defendant did not provoke the attacker. N.J.S.A. 2C:3-4(a) and (b)(2)(a). State v. Kelly, 97 N ... that the defendant was unable to retreat with complete safety. N.J.S.A. 2C:3-4(b)(2)(b); State v. Rodriguez, 195 N.J. 165 ... Model Jury Charge (Criminal), 'Justification - Self-Defense in Self Protection (N.J.S.A. 2C:3-4)' (rev. June 13, 2011). The model charge includes an important ...

docket:	a1687-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-18
status:	Unpublished
citation:
Document Size:	99468

13 STATE OF NEW JERSEY v. JOSEPH S. MACCHIA -- rank: 751

... – Self Defense A-5473-17 29 (In Self Protection) (N.J.S.A. 2C:3-4)' (rev. June 13, 2011).10 Nonetheless, relying on State v ... he may avoid death or serious bodily injury by retreating. N.J.S.A. 2C:3-4(b)(2). 'The Code requires that if a person 'knows ... A-5473-17 35 175 (2008) (alteration in original) (quoting N.J.S.A. 2C:3-4(b)(2)(b)). The duty to retreat arises only in ... his aggressor.' Rodriguez, 195 N.J. at 172. However, under N.J.S.A. 2C:3-4(b)(2), the use of deadly force is not justifiable ... with complete safety by retreating.' Ibid. at 171-72 (quoting N.J.S.A. 2C:3-4(b)(2)). 'Self-defense exonerates a person who kills in ... the aggressor, defendant could have retreated in complete safety. See N.J.S.A. 2C:3-4(b)(2). A-5473-17 59 The State's ...

docket:	a5473-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-04
status:	Unpublished
citation:
Document Size:	131308

14 STATE OF NEW JERSEY v. QUANTIS L. GOODE -- rank: 749

... basis for the jury to consider passion/provocation manslaughter. 2. N.J.S.A. 2C:3-4(a) provides that "[t]he use of force upon or ... such other person on the present occasion." However, according to N.J.S.A. 2C:3-4(b)(2): The use of deadly force is not justifiable ...

docket:	a1615-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-06
status:	unpublished
citation:
Document Size:	102776

15 /usr/local/share/www/libweb/collections/courts/supreme/a1761-11.opn.html -- rank: 746

... to protect himself against death or serious bodily harm." See N.J.S.A. 2C:3-4(b)(2). Moreover, imperfect self-defense is applicable if the ... and asserted he reasonably believed his life was threatened. See N.J.S.A. 2C:3-4(b)(2). He asserted the victim physically assaulted him, and ... actually have a reasonable belief the victim had a firearm, N.J.S.A. 2C:3-4(a), or that defendant was the aggressor, see State v ... belief, not necessarily an accurate one, that force was necessary. N.J.S.A. 2C:3-4(a). Even if defendant had been mistaken in concluding the ... Jury Charge (Criminal) , "Justification – Self Defense In Self Protection ( N.J.S.A. 2C:3-4)" (June 13, 2011) ("[T]he law requires only a reasonable ... v. Kelly , 97 N.J. 178 , 198 (1984)). See generally N.J.S.A. 2C:3-4. 4 North Carolina v. Alford , 400 U.S. 25 , ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	83918