A criminal defense is not always a dramatic story told at trial. Often it is a motion that keeps illegally obtained evidence out of court, a challenge to an eyewitness who saw a stranger for a few seconds, or a careful showing that the State simply cannot prove one element of the charge. At The Law Offices of Anthony Carbone, we build each defense around the facts of the case and the specific protections New Jersey law provides, and some of those protections go further than federal law. Here are the defenses that come up most often and how they work.
Do you have to prove you are innocent?
No. In New Jersey, as everywhere in the United States, the State must prove every element of a crime beyond a reasonable doubt. An element is one of the specific facts the law requires, such as the act itself, the required mental state, or a value threshold. The defense does not have to prove anything.
That makes the most common defense a simple one: the evidence is not enough. If the State cannot show that you acted “purposely” or “knowingly,” the mental states defined in N.J.S.A. 2C:2-2, or cannot prove the value that moves a theft charge into a higher degree, the charge fails or is reduced.
Can evidence be thrown out of a criminal case in New Jersey?
Yes. If police obtained evidence through an unlawful stop, search, or interrogation, a judge can suppress it, which means barring the prosecution from using it. Article I, Paragraph 7 of the New Jersey Constitution protects against unreasonable searches more broadly than the Fourth Amendment does. In State v. Novembrino (1987), the New Jersey Supreme Court refused to adopt the federal “good faith” exception. Evidence seized under a defective warrant is excluded even if officers believed the warrant was valid.
Statements are treated the same way. A confession obtained in violation of Miranda can be suppressed, and New Jersey requires the State to prove a valid waiver beyond a reasonable doubt. In drug and weapons cases, suppression often ends the case entirely.
How does self-defense work in New Jersey?
Under N.J.S.A. 2C:3-4, you may use force when you reasonably believe it is immediately necessary to protect yourself against unlawful force. The force has to be proportionate to the threat. Once there is some evidence of self-defense, the State must disprove it beyond a reasonable doubt.
Deadly force has stricter limits. You must retreat before using deadly force if you know you can do so in complete safety, but that duty does not apply in your own home. The same principles cover defending another person under N.J.S.A. 2C:3-5. Self-defense comes up often in assault cases that begin as a bar fight or a family argument, and video or witness accounts of who started the confrontation usually decide it.
What if police arrested the wrong person?
Mistaken identity is a real defense, and New Jersey takes it seriously. In State v. Henderson (2011), the New Jersey Supreme Court reviewed the science on eyewitness memory. It set a framework for challenging identifications affected by stress, a weapon, poor lighting, or a suggestive lineup, and juries now receive detailed instructions about those factors. If you were somewhere else at the time, Court Rule 3:12-2 requires you to give the prosecutor written notice of the alibi once they demand it.
What other defenses does New Jersey law recognize?
The New Jersey Code of Criminal Justice recognizes several other defenses. Each applies only in narrow circumstances.
| Defense | Statute | When it applies |
| Duress | N.J.S.A. 2C:2-9 | You were forced to act by a threat of unlawful force that a person of reasonable firmness could not resist |
| Entrapment | N.J.S.A. 2C:2-12 | Police induced the offense through methods likely to cause a person not otherwise ready to commit it; you must prove it by a preponderance of the evidence |
| Insanity | N.J.S.A. 2C:4-1 | A mental disease or defect meant you did not know what you were doing or that it was wrong |
| Intoxication | N.J.S.A. 2C:2-8 | Can negate the “purposely” or “knowingly” mental state, but voluntary intoxication is not a defense to reckless conduct |
These defenses come up less often than suppression or reasonable doubt, but they can change the outcome when the facts fit.
Can a case be dismissed on procedural grounds?
Sometimes. Under N.J.S.A. 2C:1-6, prosecutors generally have five years to bring an indictable charge and one year for a disorderly persons offense. Murder, manslaughter, and sexual assault have no time limit. N.J.S.A. 2C:2-11 also allows an assignment judge to dismiss a charge as “de minimis” when the conduct was too trivial to warrant a conviction.
How does The Law Offices of Anthony Carbone choose a defense?
We start with discovery, meaning the police reports, video, lab results, and witness statements. The right defense comes from what that evidence shows. Strong cases often still have a weak point, and finding it early gives you the most room to negotiate or win.
Every person charged with a crime in New Jersey has defenses worth examining. If you are facing a charge in Jersey City or anywhere in the state, contact The Law Offices of Anthony Carbone for a confidential consultation.