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 LAW ENFORCEMENT model jury charge 2C:3-7a

USE OF FORCE IN LAW ENFORCEMENT model jury charge(N.J.S.A. 2C:3-7a)

The defendant contends that he/she is not guilty of the crime of because the force he/she used was for the purpose of effecting an arrest.

Our statute N.J.S.A. 2C:3-7a provides in pertinent part:

.....the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest and the actor reasonably believes that such force is immediately necessary to effect a lawful arrest.

In determining whether the defendants (name) actions in this case meet the requirements of the statute, you must decide the following issues:

(1) Was defendant making or assisting in making an arrest when he/she used force against the person of another?

(2) Did the defendant (name) reasonably believe that the force he/she used in making or assisting in making the arrest was immediately necessary to make the arrest?

(3) Was the arrest lawful?

To answer these questions you must determine from the evidence of this case whether from the totality of the circumstances the defendants beliefs were reasonable. A reasonable belief is one which a reasonable person of ordinary intelligence and prudence in the position of the defendant would have under the circumstances existing at the time of the alleged offense. Thus, a reasonable belief is one which the ordinary person would have when confronted with the same circumstances with which the defendant was faced in this case. The use of force is not justified by reason of this defense unless a reasonable person would have reacted with the same amount or level of force as used by the defendant herein, operating under the belief that the force was immediately necessary to effect a lawful arrest. If a defendants belief is reasonable, he/she cannot be found to have acted in a reckless or criminally negligent manner.

The fact that defendants belief may have been erroneous does not deprive the defendant of his/her privilege to use force to effect a lawful arrest if you find that a reasonable person would have held the same belief under the circumstances with which the defendant was faced at the time of his/her actions. Therefore, your determination of whether the defendant reasonably believed that the amount of force used was immediately necessary and not excessive under the circumstances must be made from the standpoint of the defendant at the time of his/her acts and not from your viewpoint as jurors now looking at his/her acts.

The statute requires that the force used was necessary to effect a lawful arrest. An arrest, as that term is used in criminal law, signifies the apprehension or detention of the person of another in order that he/she may be forthcoming to answer for an alleged or supposed crime. In order for the arrest to be lawful, there must exist within the arresting officers knowledge facts sufficient to warrant a prudent person in believing that the person arrested had committed or was committing a criminal offense. In other words, there must at least be a well-grounded suspicion that a criminal offense has been or is being committed.

The burden is upon the State to prove beyond a reasonable doubt that the defense of justifiable conduct is untrue, and hence there must be an acquittal if there is a reasonable doubt as to whether the defendant did act justifiably within the definition of that defense as just instructed.

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.