Vol. L · No. I FOL. LICriminal Defense

Matter · Bergen · 2026

Bergen County Superior Court, Law Division — Criminal 2026 Bergen Vicinage (Hackensack) John S. Avery, Esq.

Criminal Defense

Aggravated Assault in Bergen County Superior — A Self-Defense Approach

Case-type narrative — Bergen County Superior Court aggravated assault under N.J.S.A. 2C:12-1(b), tried through self-defense and Castle Doctrine analysis.

Question Presented

Whether a defendant whose home was forcibly entered and who responded with non-deadly force may be convicted of aggravated assault under N.J.S.A. 2C:12-1(b) when the State concedes the entry was unlawful and the defense invokes self-defense and the Castle Doctrine under N.J.S.A. 2C:3-4 and 2C:3-6.

Holding

Where the State cannot disprove self-defense beyond a reasonable doubt and the defendant's force was proportionate to the threat presented by an unlawful home intrusion, an aggravated-assault conviction cannot stand.

Brief Background

The matter arose from a late-evening confrontation at the defendant's residence in Bergen County. The complaining witness forced entry through a closed door; the defendant, retreating inside, used non-deadly force to repel the intrusion. The State indicted on second-degree aggravated assault. The defense secured the State's concession on the unlawful-entry element prior to trial, narrowing the contest to proportionality and the Castle-Doctrine presumption of reasonableness.

Firm's Role

Avery & Avery, Esqs. served as defense counsel from arraignment through acquittal. The firm built the self-defense theory on the statutory Castle-Doctrine presumption, secured pre-trial stipulations on the unlawful-entry element, and tried the matter to a successful conclusion at the Bergen County Superior Court bench review.

Citation

N.J.S.A. 2C:12-1(b); N.J.S.A. 2C:3-4; N.J.S.A. 2C:3-6 — Bergen County Superior Court (2026)