NJ women gets beat up in a home invasion caught on tape

InfinitusEquitas said:

Fantastic news that they caught the bastard. I suspect that will be one of many times his pants will be falling down.

With regards to home defence, (in NJ at least) the law is such that had she possessed a gun, and shot him without first;

1. Warning him that he is trespassing.
2. Attempting to retreat, for example to another locked room. (Bathroom, closet, etc,.)

She would be the one going to prison.

New Jersey Self Defense Law



Countless cases do show that even if you are acquitted in criminal court, you are still open to civil lawsuits.

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Shakenawake said:

Not quite accurate Rainbow.
this is it:

This law authorizes the occupant of a dwelling (such as a home) to use deadly
physical force against an intruder. But hold on Hoss, only if all of the following
factors exist:

The intruder UNLAWFULLY entered the dwelling.

The occupant of the dwelling has reasonable belief that the intruder has
committed a CRIME OTHER THAN UNLAWFUL ENTRY, or is committing or intends to commit a crime against a person or property IN ADDITION TO THE UNINVITED ENTRY; and,

The occupant REASONABLY BELIEVES THAT THE INTRUDER MIGHT USE
ANY PHYSICAL FORCE, no matter how slight, against the occupant.

All three of the above conditions must exist in order to avoid liability under this statute. Two of the three is not likely good enough to offer you legal protection.

The key understanding and difference from general rules for deadly physical defense is that "any physical force, no matter how "slight," on the part of the criminal can warrant deadly physical defense IF the other two criteria also exist.
In summary, a criminal that commits these three crimes does not have to be a
threat of physical deadly harm to you, the occupant, to warrant you using physical deadly defense in your residence. No Golden Rule with Make My Day.

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