VI. NOTICE
A. Requirement to Provide Notice
A defendant must serve written notice on the
prosecutor if he intends to rely on justification of self-
defense. Specifically, defendant must serve a notice of
intention to claim this justification no later than seven days
before the arraignment/status conference. If defendant has
requested or received discovery, he must provide discovery
pertaining to such claim with the notice. The prosecutor
must provide discovery pertaining to such claim within
fourteen days of receipt of the notice. R. 3:12-1.
B. Failure to Provide Notice
If either defendant or the prosecutor fails to comply
with the notice requirements, the court may preclude
witnesses, grant an adjournment or continuance of trial, or
take such action as the interest of justice requires. R. 3:12-
VII. JURY INSTRUCTIONS
A. Generally
Self-defense should be charged to the jury if there is
sufficient evidence to support it in either the defense’s or
the State’s cases. State v. Moore, 158 N.J. 292 (1999); State
v. Blanks, 313 N.J. Super. 55 (App. Div. 1998); State v.
Bryant, 288 N.J. Super. 27 (App. Div.), certif. denied, 144
N.J. 589 (1996); State v. Rivers, 252 N.J. Super. 142 (App.
Div. 1991). It is not dependent on defendant’s claims and
may even be required to be charged over defendant’s
objection. State v. Johnston, 257 N.J. Super. 178 (App. Div.
1992), certif. denied, 130 N.J. 596 (1992); see State v.
Vasquez, 265 N.J. Super. 528 (App. Div.), certif. denied,
134 N.J. 480 (1993).
B. Specific Jury Instructions
A general self-defense charge may be confusing when
N.J.S.A. 2C:4-3c (use of force against intruders) is
applicable to the particular facts. This section permits a
lesser threat to justify the use of force and does not require
proportionality of force to the threat. As a result, a specific
jury instruction should be given for this section. Such
instruction should also include an explanation regarding
the scope of a “dwelling” and a definition of “personal
injury” consistent with the related concept of “bodily
harm.” State v. Bilek, 308 N.J. Super. 1 (App. Div. 1998);
see N.J.S.A. 2C:3-11e (defining “bodily harm” as physical
pain, temporary disfigurement, or impairment of physical
condition).VIII. RELATIONSHIP TO OTHER DEFENSES
Accident and self-defense are not necessarily
inconsistent defenses. State v. Moore, 158 N.J. 292 (1999);
State v. Giberson, 153 N.J. Super. 241 (App. Div. 1977).
Insanity/ diminished capacity are similarly not necessarily
inconsistent defenses. State v. Johnston, 257 N.J. Super.
178 (App. Div. 1992), certif. denied, 130 N.J. 596 (1992).IX. RELATIONSHIP TO WEAPONS OF-
FENSES
Where a defendant arms himself in advance of a
confrontation, a claim of self-defense is not applicable to
the various possessory weapons offenses, such as N.J.S.A.
2C:39-3 and 2C:39-5. Such a claim is only available
against such weapons offense in the rare and momentary
circumstances where defendant arms himself spontane-
ously to meet an immediate danger. State v. Kelly, 118 N.J.
370 (1990); State v. Harmon, 104 N.J. 189 (1986).