NH CrJI 3.13 SELF-DEFENSE – NON-DEADLY FORCE JUSTIFIED
NH CrJI 3.13 SELF-DEFENSE – NON-DEADLY FORCE JUSTIFIED [1985]
A person has the right to use non-deadly force on another person to defend himself [or a third person] if:
R.S.A. 627:4, I – Justifiable Non-Deadly Force
1. He actually believed that the other person was about to use unlawful, non-deadly force against him. In other words, the defendant could use non-deadly force if he actually believed that he was in imminent danger of being injured by the other person.
2. Even if the defendant actually believed that such danger existed, his belief must be reasonable. In other words, there must be reasonable grounds for the defendant to believe that the other person was about to use unlawful, non-deadly force against him. Self-defense does not require an actual danger to the defendant. Rather, the defendant must reasonably believe that the other person was about to use unlawful, non-deadly force.
3. The defendant must reasonably believe that the amount of force he used was necessary for self-defense. A person is not permitted to use excessive force in self-defense, only a reasonable amount of force. The defendant can use the amount of force which he believed was necessary under the circumstances as long as, at the time, there was reasonable grounds for his belief.
