Defense to assault self-defense NJ

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Defense to assault self-defense JUSTIFICATION SELF DEFENSE (N.J.S.A. 2C:3 4) In a Jury Trial, the Judge will give an outline of the law and how to determine the facts. These are called Jury charges. We find it is a good idea to provide clients with an outline of the law at the beginning of their case and prior to a trial. The same law applies in Municipal Court trials. The defendant contends that if the State proves he/she used or threatened to use force upon the other person(s), that such force was justifiably used for his/her self-protection. The self-defense statute reads: "The use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion." In other words, self defense is the right of a person to defend against any unlawful force. Self defense is also the right of a person to defend against seriously threatened unlawful force that is actually pending or reasonably anticipated. When a person is in imminent danger of bodily harm, the person has the right to use force or even deadly force when that force is necessary to prevent the use against him/her of unlawful force. The force used by the defendant must not be significantly greater than and must be proportionate to the unlawful force threatened or used against the defendant. Unlawful force is defined as force used against a person without the person's consent in such a way that the action would be a civil wrong or a criminal offense. If the force used by the defendant was not immediately necessary for the defendant's protection or if the force used by the defendant was disproportionate in its intensity, then the use of such force by the defendant was not justified and the self defense claim fails. There are different levels of force that a person may use in his/her own defense to prevent unlawful harm. The defendant can only use that amount or degree of force that he/she reasonably believes is necessary to protect himself/herself against harm. If the defendant is attempting to protect himself/herself against exposure to death or the substantial danger of serious bodily harm, he/she may resort to the use of deadly force. Otherwise, he/she may only resort to non deadly force. Non Deadly Force A person may also use non deadly force in his/her own defense. If you find that this defendant did use non deadly force to defend himself/herself, then you must determine whether that force was justified. A person may use non deadly force to protect himself/herself if the following conditions exist: 1. The person reasonably believes he/she must use force and 2. The person reasonably believes that the use of force was immediately necessary and 3. The person reasonably believes he/she is using force to defend himself/herself against unlawful force, and 4. The person reasonably believes that the level of the intensity of the force he/she uses is proportionate to the unlawful force he/she is attempting to defend against. Remember, only if you conclude that in using force or deadly force the defendant reasonably believed he/she was defending against unlawful force is the defense available to him/her.

What to do when being arrested shut up NJ

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Top 10 things to do if you are arrested

1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you. 2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card. 3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it. NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line. Remember: Even a fish would not get caught if they kept their mouth closed. [Copyright Alan Marain] OJ remained silent and was out playing golf for a decade on the nicest courses in Florida. 4. Hire a trial lawyer at the first opportunity. Hire an experienced criminal lawyer. Don’t hire an ambulance chaser that mails you a solicitation letter advising they handle cases cheap, then sends a young attorney with no trial experience to handle the case. Remember, good things ain’t cheap, and cheap things ain’t good. [Zig Ziglar] 5. Borrow money from relatives and friends. You made need more money to hire a good attorney You may need money to hire investigators and experts. 6. Provide your attorney the Complaint. Provide Arrest report if provided. 7. Obtain names, addresses, phone number of your witnesses and provide to your attorney. 8. Take Photos of arrest location, if applicable. Ex- DWI location of walking straight line or suppression issue. 9. Call Court and confirm location and time of initial appearance. Sometimes courts change date of appearance without telling you. You don’t want to waste a trip to the courthouse or show up the wrong day or time. 10. Please prepare and mail to my office a list of 15 reasons why the judge should not impose the maximum penalties or fines.

Disorderly Conduct Sandy Hook National Gateway, Gunnison Beach, Fort Dix, McGuire, Naval Earle NJ

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Sandy Hook § 2.34 Disorderly conduct.

Sandy Hook § 2.34 Disorderly conduct. (a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts: (1) Engages in fighting or threatening, or in violent behavior. (2) Uses language, an utterance, or gesture, or engages in a display or act that is obscene, physically threatening or menacing, or done in a manner that is likely to inflict injury or incite an immediate breach of the peace. (3) Makes noise that is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances. (4) Creates or maintains a hazardous or physically offensive condition. (b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States. Federal jurisdiction , including Sandy Hook and National Gateway, Gunnison Beach, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle Lakehurst Joint Base McGuire-Dix-Lakehurst https://www.blogger.com/blog/posts/2685945316424594861

Sandy Hook criminal charges NJ

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Federal DWI in Sandy Hook NJ 18 U.S.C.A 13 Laws of States adopted for areas within Federal jurisdiction , including Sandy Hook and National Gateway, Gunnison Beach, Fort Dix, Fort McGuire, Picatinny Arsenal, Naval Station Earle Lakehurst Joint Base McGuire-Dix-Lakehurst If charged with a DWI or drug offense at Sandy Hook, the case will be handled in the Federal Magistrate Court, currently in Newark at the Federal Courthouse. A Federal case takes much longer and is more complicated than the typical local Municipal Court case. Ken Vercammen has office has handled drug, DWI and different criminal charges arising out of charges at Sandy Hook. Hire an attorney with experience. You would not want a doctor for surgery that you were their first victim. DWI Federal 36 C.F.R. 4.23(a) Federal Parks, including Sandy Hook, NJ DWI Federal 36 C.F.R. 4.23(a) Federal Parks, including Sandy Hook, NJ TITLE 36 - PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER I - NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR PART 4 - VEHICLES AND TRAFFIC SAFETY 4.23 - Operating under the influence of alcohol or drugs. (a) Operating or being in actual physical control of a motor vehicle is prohibited while: (1) Under the influence of alcohol, or a drug, or drugs, or any combination thereof, to a degree that renders the operator incapable of safe operation; or (2) The alcohol concentration in the operator's blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. Provided however, that if State law that applies to operating a motor vehicle while under the influence of alcohol establishes more restrictive limits of alcohol concentration in the operator's blood or breath, those limits supersede the limits specified in this paragraph. (b) The provisions of paragraph (a) of this section also apply to an operator who is or has been legally entitled to use alcohol or another drug. (c) Tests. (1) At the request or direction of an authorized person who has probable cause to believe that an operator of a motor vehicle within a park area has violated a provision of paragraph (a) of this section, the operator shall submit to one or more tests of the blood, breath, saliva or urine for the purpose of determining blood alcohol and drug content. (2) Refusal by an operator to submit to a test is prohibited and proof of refusal may be admissible in any related judicial proceeding. (3) Any test or tests for the presence of alcohol and drugs shall be determined by and administered at the direction of an authorized person. (4) Any test shall be conducted by using accepted scientific methods and equipment of proven accuracy and reliability operated by personnel certified in its use. (d) Presumptive levels. (1) The results of chemical or other quantitative tests are intended to supplement the elements of probable cause used as the basis for the arrest of an operator charged with a violation of paragraph (a)(1) of this section. If the alcohol concentration in the operator's blood or breath at the time of testing is less than alcohol concentrations specified in paragraph (a)(2) of this section, this fact does not give rise to any presumption that the operator is or is not under the influence of alcohol. (2) The provisions of paragraph (d)(1) of this section are not intended to limit the introduction of any other competent evidence bearing upon the question of whether the operator, at the time of the alleged violation, was under the influence of alcohol, or a drug, or drugs, or any combination thereof. [52 FR 10683, Apr. 2, 1987, as amended at 68 FR 46479, Aug. 6, 2003] (a) Whoever within or upon any of the places now existing or hereafter reserved or acquired as provided in section 7 of this title, or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district is guilty of any act or omission which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State, Territory, Possession, or District in which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. (b) (1) Subject to paragraph (2) and for purposes of subsection (a) of this section, that which may or shall be imposed through judicial or administrative action under the law of a State, territory, possession, or district, for a conviction for operating a motor vehicle under the influence of a drug or alcohol, shall be considered to be a punishment provided by that law. ..... https://www.blogger.com/blog/post/edit/2685945316424594861/5940035402350572253 Source https://www.justice.gov/usam/criminal-resource-manual-610-deportations-expulsions-or-other-extraordinary-renditions