09-26-2019, 07:21 AM
Good luck with a self defense claim in NJ
Never said it would work.
But for the sake of argument...
one has the duty to retreat first.
Prove that he didn't try.
The force used must be immediately necessary
He just dropped by to walk her back to work and she freaked out and grabbed a knife.
Prove that she didn't.
The force against the defendant must be unlawful
See above.
The amount of force used must be necessary
He was so scared at almost dying, he freaked out.
Based upon his physique, he would probably have a hard time with this claim unless she was pointing a gun at him.
No argument there. There have a ton of court cases where a woman of small stature has claimed self-defense where a man might not do so successfully.
Again, this is about the original question as to what the suspect 'could' claim under self-defense. I never suggested a jury would by it.
At this point, the suspect is probably believes by refusing a plea deal, he's some how demonstrating his innocence. He may even be in denial (in his head) and his attorney hasn't been able to convince him otherwise.
I'm still aghast the DA even offered a plea deal and would like to know exactly why he did so. Apparently he knows something we don't.
Never said it would work.
But for the sake of argument...
one has the duty to retreat first.
Prove that he didn't try.
The force used must be immediately necessary
He just dropped by to walk her back to work and she freaked out and grabbed a knife.
Prove that she didn't.
The force against the defendant must be unlawful
See above.
The amount of force used must be necessary
He was so scared at almost dying, he freaked out.
Based upon his physique, he would probably have a hard time with this claim unless she was pointing a gun at him.
No argument there. There have a ton of court cases where a woman of small stature has claimed self-defense where a man might not do so successfully.
Again, this is about the original question as to what the suspect 'could' claim under self-defense. I never suggested a jury would by it.
At this point, the suspect is probably believes by refusing a plea deal, he's some how demonstrating his innocence. He may even be in denial (in his head) and his attorney hasn't been able to convince him otherwise.
I'm still aghast the DA even offered a plea deal and would like to know exactly why he did so. Apparently he knows something we don't.