Statutory Defenses

If you or someone you love has been charged with a crime, contact Schiller McMahon today because a winning defense often requires immediate investigation and/or the collection of evidence.

Under the New Jersey Criminal Code, there are numerous defenses an individual may assert to defend his or herself from criminal allegations. Some of those defenses are more likely to be asserted than others, but when someone’s freedom is on the line, chance should not be taken and an attorney consulted quickly as possible so that critical evidence is not lost and witnesses do not disappear.

Our Firm’s former prosecutors are intimately familiar with all manner of defense including:
 

  • Alibi, R. 3:12-2;
  • Duress N.J.S.A. 2C:2-9; 2C:3-2
  • Voluntary intoxication N.J.S.A. 2C:2-8;
  • Involuntarily intoxication, N.J.S.A. 2C:2-8;
  • Pathological intoxication, N.J.S.A. 2C:2-8;
  • Temporary or Permanent mental defect or disease, N.J.S.A. 2C:4;
  • Competence, N.J.S.A. 2C:4;
  • Mistake of Fact or Law, N.J.S.A. 2C:2-4; 2C:3-9;
  • Self Defense, N.J.S.A. 2C:3-4;
  • Defense of Third-Parties, N.J.S.A. 2C:3-5;
  • Passion-Provocation.