2C:3-9. Mistake of law as to unlawfulness of force or legality of arrest; reckless or negligent use of excessive but otherwise justifiable force; reckless or negligent injury or risk of injury to innocent persons
a. The justification afforded by sections 2C:3-4 to 2C:3-7 is unavailable when:
(1) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and
(2) His error is due to ignorance or mistake as to the provisions of the code, any other provisions of the criminal law or the law governing the legality of an arrest or search.
b. (Deleted by amendment; P.L.1981, c. 290.)
c. When the actor is justified under sections 2C:3-3 to 2C:3-8 in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.
Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. If convicted of a criminal offense you could face Jail Time and loss of Job. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. MVC [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal and serious motor vehicle violations.
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500 (Phone)
732-572-0030 (Fax)
