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

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
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LIMITATION ON FORCE by police model jury charge 2C:3-7b

LIMITATIONS ON USE OF FORCE IN LAW ENFORCEMENTmodel jury charge (N.J.S.A. 2C:3-7b)

There are, however, limitations on the use of force a person may use in effecting a lawful arrest. The use of force is not justified unless:

(1) The defendant makes known the purpose of the arrest or the defendant reasonably believes that the purpose of the arrest is otherwise known by the person arrested or cannot reasonably be made known to (him/her), and

(2) When the arrest is made under a warrant, the warrant is valid or the defendant reasonably believes it to be valid.

Accordingly, before you can find the defendant not guilty of the offense charged by reason of this defense, you must find that the defendant complied with at least one of these requirements.

In addition, there are limitations on the amount or degree of force a person may use in effecting an arrest. Deadly force is defined as force which the actor uses with the purpose of causing, or which he knows to create a substantial risk of causing, death or serious bodily harm. Serious bodily harm means bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ or which results from aggravated sexual assault or sexual assault. The use of deadly force is not justifiable unless:

(1) The actor effecting the arrest is authorized to act as a peace officer or has been summoned by and is assisting a person whom he reasonably believes to be authorized to act as a peace officer, and

(2) The actor reasonably believes that the force employed creates no substantial risk of injury to innocent persons, and

(3) The actor reasonably believes that the crime for which the arrest was made was homicide, kidnapping, sexual assault, criminal sexual contact, arson, robbery, burglary of a dwelling, or an attempt to commit one of these crimes, and

(4) The actor reasonably believes:

(a) There is an imminent threat of deadly force to himself or to a third party, or

(b) The use of deadly force is necessary to thwart the commission of a crime listed above, or

(c) The use of deadly force is necessary to prevent an escape.

Therefore, if you find that the force used by the defendant was deadly force, before you can find the defendant not guilty, you must further find that all of the aforementioned requirements have been satisfied. If you find that deadly force was used and that the defendant was not authorized to act as a peace officer or someone summoned by and assisting a person whom he/she reasonably believes to be acting as a peace officer, the use of deadly force is not justified and you cannot find the defendant not guilty by reason of this defense.


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