New Jersey Section 2C:2-5 – Defenses generally
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New Jersey’s Defenses to Criminal Charges
New Jersey law provides several defenses that can be used to avoid criminal liability even when the prosecution can prove the elements of an offense. These defenses, found in N.J. Stat. Section 2C:2-5 and other statutes, give those accused of crimes opportunities to explain their actions and potentially avoid conviction. Understanding New Jersey’s key criminal defenses can help anyone facing charges better protect their rights.
Justification Defenses
New Jersey recognizes several “justification defenses” that absolve defendants of culpability if their conduct was necessary or reasonable under the circumstances. Common justification defenses include self-defense, defense of others, defense of property, law enforcement authority, and necessity.
Defendants accused of violent crimes like assault often claim they acted in self-defense. Under N.J. Stat. 2C:3-4, the use of force is justifiable to protect oneself as long as the defendant reasonably believed such force was immediately necessary to protect against unlawful force by the other person. Deadly force can only be used if the defendant reasonably believes he or she is in imminent danger of death or serious bodily harm. However, defendants cannot claim self-defense if they provoked the use of force or were engaged in criminal activity when the confrontation happened.
Similar rules apply when using force to protect other people from harm under N.J. Stat. 2C:3-5. Property owners can also use reasonable force to protect their home or personal belongings from trespass or theft under N.J. Stat. 2C:3-6. Law enforcement officers are justified using force while making lawful arrests and preventing escapes under N.J. Stat. 2C:3-7.The necessity defense under N.J. Stat. 2C:3-2 allows a defendant to avoid liability for offenses like trespass or theft if the illegal conduct was necessary to avoid a significant evil, there were no reasonable legal alternatives, and the harm caused was not disproportionate to the harm avoided. For example, breaking into an empty cabin in the woods to take shelter during a life-threatening blizzard.
Insanity Defense
New Jersey allows an insanity defense for defendants unable to understand the nature of their conduct or that it was wrong due to mental disease or defect under N.J. Stat. 2C:4-1. The defendant typically must provide expert testimony on their mental state. If successful, the defendant will be found not guilty by reason of insanity. However, the court will then order psychiatric treatment rather than release the defendant.
The insanity defense is used infrequently and hard to prove. Defendants must show they were fully detached from reality when they committed the offense. Having a mental illness or diminished mental capacity is not enough. For example, the defense failed for a man with schizophrenia who knew his actions were illegal when he robbed a bank.
Intoxication
Voluntary intoxication is not a defense in New Jersey under N.J. Stat. 2C:2-8. However, evidence of intoxication can negate the mental state required for a specific intent crime like murder. So while it is not an outright defense, intoxication could lead to conviction for a lesser offense like manslaughter.
In rare cases, involuntary intoxication can provide a complete defense under N.J. Stat. 2C:2-8 if the defendant can show they ingested an intoxicant unknowingly or due to force, duress or deception. But the intoxication must be so extreme that it rendered them temporarily insane.
Duress
Under N.J. Stat. 2C:2-9, duress provides a defense when the defendant committed the offense because they were coerced to do so by the unlawful use or threat of force. To claim duress, there must have been no reasonable opportunity to escape the threat or avoid the crime.
However, duress cannot excuse murder, manslaughter, sexual assault, robbery, arson, burglary, kidnapping or criminal restraint. So while it may reduce the degree of certain crimes, duress rarely provides a complete defense to serious violent felonies.
Consent
For crimes like theft, sexual assault and simple assault, consent from the alleged victim can preclude criminal liability under N.J. Stat. 2C:2-10. But for consent to be a valid defense, the consenting person must have the legal capacity to authorize the conduct and consent freely without coercion or deception.
Consent may be ineffective as a defense where public policy deems the conduct so socially undesirable that it cannot be authorized, like organized fighting. Consent can also be revoked, so any conduct after that becomes criminal.
Entrapment
Entrapment under N.J. Stat. 2C:2-12 applies when law enforcement induces someone not otherwise disposed to commit an offense to do so. Merely providing an opportunity to commit a crime is not entrapment. Rather, police must actively persuade or coerce the target through harassing conduct.
If successful, entrapment results in dismissal of the charges. But the defense rarely succeeds, as the defendant must show both improper police conduct and no preexisting intent to commit the crime.
Mistake of Fact
Under N.J. Stat. 2C:2-4, a defendant can avoid liability by showing they made a reasonable mistake of fact that negates the mental state required. For example, taking property belonging to another person under the mistaken belief it is one’s own property.
However, mistakes about legal prohibitions are not a defense. So claiming ignorance that certain conduct constitutes a criminal offense does not excuse liability.
De Minimis Infractions
New Jersey courts can dismiss trivial infractions under N.J. Stat. 2C:2-11 if it cannot be reasonably regarded as envisaged by the Legislature or offends common sense to prosecute. For example, a court dismissed theft charges against a school custodian who used a few dollars worth of school supplies for personal projects.
Children under 14 cannot be held criminally liable under N.J. Stat. 2C:4-11. Minors aged 14-16 can only be tried in family court per N.J. Stat. 2C:4-11. And those under 18 may use immaturity as a mitigating factor under N.J. Stat. 2C:44-1(b).
Statute of Limitations
Per N.J. Stat. 2C:1-6, prosecutors cannot charge most crimes if more than 5 years passed since the criminal conduct. More serious crimes have longer limits, like 20 years for aggravated sexual assault. Charges filed past the deadline must be dismissed.
Double Jeopardy
The state and federal constitutions prohibit double jeopardy, trying someone twice for the same offense. So acquittal, conviction or certain mistrials prevent retrial for those specific charges under N.J. Stat. 2C:1-9. However, defendants can usually be retried after reversals on appeal.
Immunity
Prosecutors cannot bring charges against those immune from prosecution, like diplomats, judges performing official duties, legislators acting within their scope of authority, and spouses testifying against each other absent domestic violence charges under N.J. Stat. 2C:2-7.
In conclusion
New Jersey law provides a variety of defenses, from justifications like self-defense to technical arguments regarding mental state and immunity. While defenses are narrowly applied, they serve an important role in protecting the innocent and avoiding injustice. Anyone charged with a crime in New Jersey should explore whether they have a valid defense with an experienced criminal defense attorney.