Mistakes as to Force in New Jersey Criminal Cases
Passaic County NJ Criminal Defense Lawyer
Experienced criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including Belleville, Wayne, Paterson, Clifton, and Passaic, that have been charged with criminal offenses such as terroristic threats, simple assault, and burglary.
She has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). Ms. Hascup is a former Assistant Prosecutor, who handled a host of domestic violence cases during the course of her career, ranging from homicide (murder) to sexual assault. She also handled a number of case where various defenses were raised, including mistake as to lawful force.
In cases where minor details matter in the eyes of the law, it is important to have a lawyer fighting on your behalf who can force the state to see things from your prospective. Ms. Hascup will aggressively and zealously argue the facts of your case and put you in a position to achieve the best possible result. Contact Ms. Hascup’s offices anytime for an initial consultation, which is always provided free of charge.
Defense of Mistake as to Force in New Jersey: N.J.S.A. 2C:3-9
Defenses – Mistake of Law as to Unlawfulness of Force or Legality of Arrest; Reckless or Negligent Use of Excessive But Otherwise Justifiable Force; Reckless or Negligent Injury or Risk of Injury to Innocent Persons.
N.J.S.A. 2C:3-9 provides:
a. The justification afforded by N.J.S.A. 2C:3-4 through N.J.S.A. 2C:3-7 is unavailable when:
1. The actor’s belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and
2. His error is due to ignorance or mistake as to the provisions of the code, any other provisions of the criminal law or the law governing the legality of an arrest or search.
b. (Deleted by amendment.)
c. When the actor is justified under N.J.S.A. 2C:3-3 through N.J.S.A. 2C:3-8 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.
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 to your advantage.
Contact a Belleville NJ Criminal Defense Lawyer for Answers
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 used excessive force, there may still be a valid defense. Contact Alissa D. Hascup today by calling her office or filling out her contact form for more information.