Are there any defenses against a violent crime charge?
Yes, there are defenses against violent crime charges in New Jersey. Generally, a defendant may claim that they acted in self-defense, defense of another, or with legal justification. Self-defense is an affirmative defense that can be used if the defendant believed that they were in imminent danger of being killed or suffering serious bodily injury, and the force used to protect themselves was reasonably necessary to repel that danger. New Jersey law requires that any use of force be “proportional” to the threat. Defense of another is another affirmative defense that can be used if the defendant reasonably believed that the other person was in danger of suffering serious bodily injury and that the force used to protect them was necessary to repel the danger. The defendant does not have to be related to the person in danger. A legal justification can also be used by a defendant to prove that the force they used was appropriate and justifiable. For example, a person may use force to prevent a crime from occurring or to remove someone from a premises if they are not supposed to be there. In addition, defendants may use the defense of insanity if they cannot understand the wrongfulness of their conduct due to a mental disorder. Finally, a defendant may argue that they were falsely accused or that the police conducted an illegal search. If the prosecution cannot prove its case against the defendant, they will be found innocent. These are just a few of the possible defenses against violent crime charges in New Jersey. A criminal defense attorney is the best person to advise defendants about which defenses may be applicable in their case.
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