In 2012 a national debate was unleashed with the shooting of Trayvon Martin, a 17 year old African American teen shot by neighborhood watch coordinator George Zimmerman. Central to the debate was the ‘Stand Your Ground’ law, a variation of ‘Castle Laws’ and similar policies designed to protect individuals who claim to be acting in self-defense. The idea behind ‘Stand Your Ground’ is fairly simple – if a person is in a position where they have to defend themselves, they have no duty or legal responsibility to retreat. They can ‘‘Stand Your Ground’’ and use whatever force is necessary to protect themselves.
Critics argue that these laws are too vague and permit the use of excessive force in fighting off home intruders and other attackers. They point to cases where home invaders have been killed, despite being unarmed or unable to retaliate. They also argue that these laws violate the principles of proportional response and encourage excessive violence. Supporters of the law say it equips homeowners and citizens with the legal protection necessary to adequately protect themselves from thieves, burglars and other criminals. Essentially if the law is not in effect then fathers or mothers and others living in their home can be charged with murder for killing someone that was invading their home.
What Is The Law In New Jersey Regarding Protecting Yourself In The Home?
Regardless of the legal and philosophical debate, it is important for residents of New Jersey to be aware of what the law is regarding this matter. Though it is unpleasant to consider, it is very possible in even the safest of neighborhoods to have one’s house invaded by thieves or worse. It is also important to understand completely what the law permits and prohibits.
“Stand Your Ground’’ laws are related to but not quite the same as ‘Castle’ laws. The former usually covers situations beyond one’s home, while the latter deals exclusively with home invasions and self-defense in the context of one’s property.
New Jersey does not have a ‘Stand Your Ground’ Law, but does have a ‘Castle Law.’ What this means is that if one encounters a person threatening them, they are obligated to retreat if they know they can avoid using deadly force to protect themselves and know of a place where they can safely retreat to. Self-defense also has to be proportional. A resident of New Jersey cannot, for example, pull out a gun and shoot someone who has slapped or pushed them.
Things change once we talk about self-defense in the context of one’s home. A resident is not obliged to retreat if attacked in his or her house and has more leniencies in using deadly force upon intruders or attackers. The distinction between self-defense at home versus self-defense outside the home is very important and can make all the difference between a prison sentence and freedom.
If you or anyone you know has defended themselves within their home or in the context of self-defense and are concerned about the legal consequences then contacting a criminal defense attorney should be your first step for help.
Author Bio
Adam H. Rosenblum is a criminal defense lawyer admitted to practice in both New Jersey and New York his websites are rosenblumlawfirm.com and ticketdefenselaw.com .
Leave a Reply
You must be logged in to post a comment.