NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977

USE OF FORCE IN PROTECTION OF OTHERSmodel jury charge 2c:3-5


IN PROTECTION OF OTHERS model jury charge(N.J.S.A. 2C:3‑5)

The defendant contends he/she should be found not guilty because he/she acted in defense of a third person. Our statute N.J.S.A. 2C:3‑5 insofar as pertinent to this matter provides:

... the use of force upon or toward that person of another is justifiable to protect a third person when:

(1) The actor would be justified ... in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect and

(2) Under the circumstances as the actor reasonably believes them to be, the person whom he seeks to protect would be justified in using such protective force; and

(3) The actor reasonably believes that his intervention is necessary for the protection of such other person.

You must first determine whether the force used by (defendant) to protect (name), the third person, would have been justified if (defendant) had used such force to protect himself/herself under the guidelines of the law pertaining to self‑defense that I have just given you.

Second, you must determine whether (defendant) reasonably believed that person whom he/she sought to protect would have been justified in using such force in self‑defense. In applying this test you are instructed to disregard any finding that the person in whose behalf (defendant) intervened was in fact the aggressor or that no defensive measures on his/her behalf were actually necessary, but you may consider everything defendant knew when he/she acted, including these same factors if you find that he/she knew them.

Finally, you must determine whether (defendant) reasonably believed these actions were necessary to protect that person.

In making these determinations, keep in mind the following:

When using deadly force to protect a third person, the defendant is not obligated to retreat or to surrender possession of a thing to one claiming a right thereto or to comply with any demands being made of him/her unless he/she knows that by doing so it would secure the complete safety of the third person.

But, if the third person, whom the actor is seeking to protect is under a duty to retreat, then the defendant is obligated to try to cause (him/her) to do so before using force in (his/her) protection if the defendant knows that he/she can obtain complete safety in that way.

Finally, neither the defendant nor the person whom he/she seeks to protect is required to retreat when in the third persons dwelling to any greater extent than in his/her own.

Always remember -- the State has the burden of disproving the defense of protection of a third person beyond a reasonable doubt. Unless the State has convinced you beyond a reasonable doubt that the defendant was not justified, then you must find the defendant not guilty. If, on the other hand, you are convinced beyond a reasonable doubt that the defendant did not have the right to resort to force or deadly force to protect a third person, then this particular defense fails.

Cell Phone:
E-Mail Address

If You Do Not Include a Complete E-Mail Address, Network will not Forward Your Contact Form to the Law Office.

Details of the Case
By typing " agree" into the box you are confirming that you wish to send your information to the Law Office of Kenneth Vercammen

Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

Meet with an experienced Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office" consultation.
Attorneys are not permitted to provide legal advice by email.

Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website www.KennethVercammen.com provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles

Ken Vercammens Resume Directions to Ken Vercammen and Associates

Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.

Copyright 2018. Kenneth Vercammen & Associates, P.C.