New Jersey does not have a “Stand Your Ground” law, but it does have self-defense laws, including the Castle Doctrine.
Stand Your Ground vs. Castle Doctrine:
- Stand Your Ground: These laws permit the use of force, even deadly force, in self-defense in public places without a duty to retreat.
- Castle Doctrine: This doctrine allows a person to use force, including deadly force, to defend their home and its occupants from an intruder.
New Jersey’s Legal Position:
- New Jersey law explicitly imposes a duty to retreat before resorting to deadly force outside the home.
- New Jersey residents cannot legally fight to protect themselves in all circumstances.
- NJ Rev Stat § 2C:3-4 (2013) states that the use of force is justifiable when an individual reasonably believes it is necessary to protect himself or herself against an attack perpetrated by someone else. This does not apply to the use of force against a homeowner protecting his or her property, resisting an arrest, or if the individual provoked the attack.
- NJ Rev Stat § 2C:3-5 (2013) states that the use of force is justifiable when the individual who acts has a reasonable belief that it is necessary to protect someone else from an attack perpetrated by a third person.
The Castle Doctrine in New Jersey:
- In New Jersey, the Castle Doctrine (Section 2C:3-6) applies when you are in your home and an intruder trespasses on your property.
- In this situation, you generally do not have a duty to retreat before using force in defense of yourself or your property.
- The law requires that homeowners request intruders desist (i.e., leave their property) unless doing so would be useless or dangerous.
- The law only allows the use of deadly force if the intruder has already used or threatened deadly force against the property owner or someone else present, or the individual must reasonably believe that someone else present would be in substantial danger of bodily harm without the use of deadly force.
- If a homeowner has used deadly force to stop an intruder, the state must presume that they had a reasonable belief that the required danger existed. A prosecutor who brings charges against a homeowner acting in self-defense must prove beyond a reasonable doubt that the individual did not feel threatened or had no reason to feel threatened, as the statute describes.
It is important to seek legal counsel if you are involved in a self-defense situation in New Jersey.
Sources:
- https://criminallawyerinnj.com/what-you-need-to-know-about-stand-your-ground-rules-in-nj/
- https://www.newjerseycriminallawattorney.com/blog/new-jersey-stand-your-ground-law/
- https://www.helmerlegal.com/blog/does-new-jersey-have-a-stand-your-ground-law/
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-new-jersey/
