Defense of Others in New Jersey Criminal Cases

Passaic County NJ Criminal Defense Attorney

Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Paterson, West Milford, Wayne, Clifton, and Passaic County, who have been charged with criminal offenses such as false imprisonment, burglary, terroristic threats, and harassment.

She has handled a number of cases where various defenses were raised at the time of trial, including Defense of Others. In matters where your criminal actions may have been justified because you were acting in defense of another person, you need an attorney who will act quickly and aggressively. She will attack the state’s case and put you in a position to get the best possible result.

Ms. Hascup is a former assistant county prosecutor and special deputy attorney general. Now she is fighting for you. Contact her office anytime for an initial consultation, which is always provided free of charge.

Defense of Use of Force for the Protection of Other Persons in New Jersey: N.J.S.A. 2C:3-5

Defenses Use of Force for the Protection of Other Persons. N.J.S.A. 2C:3-5 provides:

a. Subject to the provisions of this section and of N.J.S.A. 2C:3-9, the use of force upon or toward the person of another is justifiable to protect a third person when:

1. The actor would be justified under N.J.S.A. 2C:3-4 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect; and
2. Under the circumstances as the actor reasonably believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
3. The actor reasonably believes that his intervention is necessary for the protection of such other person.

b. Notwithstanding subsection a. of this section:

1. When the actor would be obliged under N.J.S.A. 2C:3-4 b. (2)(b) to retreat or take other action he is not obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person, and
2. When the person whom the actor seeks to protect would be obliged under N.J.S.A. 2C:3-4 b. (2)(b) to retreat or take similar action if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and
3. Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other’s dwelling to any greater extent than in his own.

Alissa D. Hascup understands the nuances of New Jersey criminal defense law and is committed to putting her experience and knowledge to work for you.

Contact a Totowa NJ Criminal Defense Lawyer for More Information

If you find yourself in a situation where you or a loved one have been charged with a criminal offense as a result of a domestic violence or other related incident in which the actor was acting in defense of another, there may be a valid defense. Don’t delay in hiring legal representation – protect your rights. Contact Ms. Hascup’s office today to request a free initial consultation about your case.