Under New Jersey law, a person who is accused of homicide or attempted homicide must be presumed innocent until proven guilty in a court of law. This means they have the right to a defense in court.
There are a number of ways to defend against these charges, and the best strategy depends on the exact circumstances of the case. In many cases, the defendant may argue that the prosecution is mistaken, and that they are not the person who committed the crime. In others, they may admit that they performed the act, but argue that it should not be treated as a crime because they acted in self-defense.
Recent example
Recently, a man was charged with attempted homicide and other crimes after police said he fired a gun at three teenagers outside a bus in Jersey City. According to news reports, one of the teenagers was hit three times and was hospitalized in critical condition.
The man claims that the three teenagers assaulted him, and that he fired at his attackers in self-defense.
New Jersey law
New Jersey law provides that a person may use reasonable force to defend themselves in public when they are attacked. When they are attacked with deadly force, it is reasonable for them to defend themselves with deadly force.
However, New Jersey imposes a duty to retreat. This means that if a person is threatened with deadly force in public, they must try to retreat, if at all possible, before responding with deadly force in self-defense.
Arguing self-defense
Most of us don’t know what we would do if threatened with deadly force unless or until it happens to us. These situations happen suddenly and under extreme stress.
It can be difficult afterwards to piece together what happened, much less to build an effective criminal defense strategy. It’s crucial that people accused of violent crimes be aware of all their options and have help crafting the best defense they can.