Totowa NJ Defense of Property Lawyer
Criminal Lawyer in Passaic County, New Jersey
Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Totowa, Clifton, Paterson, Wayne, and Passaic County, who have been charged with criminal offenses such as kidnapping, stalking, aggravated assault, and endangering the welfare of a child.
She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you.
She is a battle-tested criminal defense lawyer who will attack the criminal charges against you and raise defenses to help you win your case. Contact her office anytime for an initial consultation, which is always provided free of charge.
Defense of Use of Force in Defense of Premises or Personal Property in New Jersey: N.J.S.A. 2C:3-6
Defenses – Use of Force in Defense of Premises or Personal Property.
N.J.S.A. 2C:3-6 provides:
a. Use of force in defense of premises. 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 when the actor is in possession or control of premises or is licensed or privileged to be thereon and he reasonably believes such force necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by such other person in or upon such premises.
b. Limitations on justifiable use of force in defense of premises.
1. Request to desist. The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor reasonably believes that:
a. Such request would be useless;
b. It would be dangerous to himself or another person to make the request; or
c. Substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.
2. Exclusion of trespasser. The use of force is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily harm.
3. Use of deadly force. The use of deadly force is not justifiable under subsection a. of this section unless the actor reasonably believes that:
a. The person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
b. The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other criminal theft or property destruction; except that
c. Deadly force does not become justifiable under subparagraphs (a) and (b) of this subsection unless the actor reasonably believes that:
i. The person against whom it is employed has employed or threatened deadly
force against or in the presence of the actor; or
ii. The use of force other than deadly force to terminate or prevent the
commission or the consummation of the crime would expose the actor or another in his presence to substantial danger of bodily harm. An actor within a dwelling shall be presumed to have a reasonable belief in the existence of the danger. The State must rebut this presumption by proof beyond a reasonable doubt.
c. Use of force in defense of personal property. Subject to the provisions of subsection d. 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 when the actor reasonably believes it necessary to prevent what he reasonably believes to be an attempt by such other person to commit theft, criminal mischief or other criminal interference with personal property in his possession or in the possession of another for whose protection he acts.
d. Limitations on justifiable use of force in defense of personal property.
1. Request to desist and exclusion of trespasser. The limitations of subsection b. (1) and (2) of this section apply to subsection c. of this section.
2. Use of deadly force. The use of deadly force in defense of personal property is not justified unless justified under another provision of this chapter.
Alissa D. Hascup understands the nuances of the law and the defenses that can be raised to fight certain charges. She will use her knowledge and experience to your advantage.
Contact a Cliftong NJ Criminal Defense Lawyer for a Free Consultation
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 personal property, 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.