- posted: Sep. 26, 2025
Many individuals accused of assault and other offenses where violence is alleged claim that they were acting to defend themselves. Self-defense is recognized as an affirmative defense under New Jersey law when someone reasonably believes that there is an immediate need to use force in response to another person’s unlawful actions.
In extreme situations, a person might feel compelled to use deadly force in order to stop an attack against them. New Jersey generally imposes a “duty to retreat” in these situations. This means that if someone has the ability to escape the situation without using potentially lethal force, they must do so. However, an exception to this rule exists when a person is in their own dwelling, based on the idea that the home is a place of safety and sanctuary, where individuals should not be required to flee when confronted by a dangerous intruder.
Known as the “castle doctrine,” this principle was the subject of a recent case decided by the New Jersey Supreme Court. In a recent case, a Mercer County jury convicted a man on multiple counts, including aggravated assault, following a stabbing incident. The defendant had let two acquaintances into an apartment that he said he was subleasing. A fight broke out, though the participants disagree on who started it. The castle doctrine does not apply when the resident of the dwelling is the initial aggressor.
Given the vastly different versions of the story and the fact that both the defendant and the two alleged victims claimed to be acting in self-defense, the question of who initiated the violence was a key jury question at trial. Prosecutors mentioned that the defendant had a legal duty to retreat rather than using a knife against the two others. No mention was made of the castle doctrine and how it constitutes an exception to the retreat rule. This might have been due to the fact that it was somewhat unclear that the apartment was the defendant’s residence. However, the state Supreme Court justices held that the failure to advise the jurors regarding the potential application of the castle doctrine justified reversal of the convictions.
The Law Offices of Eric B. Morrell defends clients accused of aggravated assault and other criminal charges in various New Jersey jurisdictions, including Middlesex, Somerset and Union counties. If you’ve been accused of a crime when you believe you were acting in self-defense, I can review the facts of your case and develop an effective legal strategy. Please call 908-768-3837 or contact me online for a free consultation. My office is in New Brunswick.
- posted: Sep. 26, 2025
Many individuals accused of assault and other offenses where violence is alleged claim that they were acting to defend themselves. Self-defense is recognized as an affirmative defense under New Jersey law when someone reasonably believes that there is an immediate need to use force in response to another person’s unlawful actions.
In extreme situations, a person might feel compelled to use deadly force in order to stop an attack against them. New Jersey generally imposes a “duty to retreat” in these situations. This means that if someone has the ability to escape the situation without using potentially lethal force, they must do so. However, an exception to this rule exists when a person is in their own dwelling, based on the idea that the home is a place of safety and sanctuary, where individuals should not be required to flee when confronted by a dangerous intruder.
Known as the “castle doctrine,” this principle was the subject of a recent case decided by the New Jersey Supreme Court. In a recent case, a Mercer County jury convicted a man on multiple counts, including aggravated assault, following a stabbing incident. The defendant had let two acquaintances into an apartment that he said he was subleasing. A fight broke out, though the participants disagree on who started it. The castle doctrine does not apply when the resident of the dwelling is the initial aggressor.
Given the vastly different versions of the story and the fact that both the defendant and the two alleged victims claimed to be acting in self-defense, the question of who initiated the violence was a key jury question at trial. Prosecutors mentioned that the defendant had a legal duty to retreat rather than using a knife against the two others. No mention was made of the castle doctrine and how it constitutes an exception to the retreat rule. This might have been due to the fact that it was somewhat unclear that the apartment was the defendant’s residence. However, the state Supreme Court justices held that the failure to advise the jurors regarding the potential application of the castle doctrine justified reversal of the convictions.
The Law Offices of Eric B. Morrell defends clients accused of aggravated assault and other criminal charges in various New Jersey jurisdictions, including Middlesex, Somerset and Union counties. If you’ve been accused of a crime when you believe you were acting in self-defense, I can review the facts of your case and develop an effective legal strategy. Please call 908-768-3837 or contact me online for a free consultation. My office is in New Brunswick.
