Home Invasion & The Right To Defend Yourself In Atlantic County, NJ

Today’s decision by the Atlantic County Prosecutor’s Office is of monumental significance.

It preserves the right to defend yourself when you are the victim of a home invasion in Atlantic County, New Jersey.

The stakes don’t get much higher than this in the game of life.

Atlantic County Prosecutor Made The Right Call

It is such a shame that the homeowner and those close to him had to live through this gut wrenching ordeal … waiting for the day that the Atlantic County Prosecutor’s Office announced that no criminal charges would be filed against the homeowner.

Atlantic County Prosecutor Will Reynolds made the absolute fair and just decision not to charge the homeowner.

The Facts According To The Atlantic County Prosecutor’s Office

After conducting a full homicide investigation into the March 2025 shooting death of a Mays Landing man in Hamilton Township, NJ, the Atlantic County Prosecutor's Office has concluded that the homeowner who shot the deceased was justified under New Jersey law pertaining to self-defense and no duty to retreat in one's own dwelling.

On March 2, 2025, at approximately 7:21 a.m., Hamilton Twp. police officers responded to a residence in Hamilton Green Apartments for a report of a burglary in process. On the 911 dispatch, the homeowner stated he had the intruder at gunpoint and the intruder was standing at the bottom of his stairs undressing. The homeowner had fired a warning shot, but the intruder was still refusing to leave. The intruder, later identified as Kevin Schmalz, 28, of Mays Landing, NJ, had removed all of his clothing and advanced up the stairs toward the homeowner. The homeowner fired one additional shot, striking Schmalz in the upper chest, said the Atlantic County Prosecutor’s Office.

Home Invasion Suspect Was Dead

The Atlantic County Prosecutor’s Office confirmed that Schmalz was pronounced dead at the scene. They also confirmed that the front door was open and that the homeowner did not know Schmalz.

Homeowner Was Well Within His Right To Take Action To Defend Himself From Potential Harm

Because this is an actual life and death moment of truth, we are sharing the exact words from the Atlantic County Prosecutor’s Office, who said today:

Under New Jersey law, a person is not obligated to retreat from his dwelling, unless he was the initial aggressor, when the person reasonably believes that deadly force is immediately necessary for the purpose of protecting himself or other people in the dwelling against the use of unlawful force by the intruder on the present occasion, said the Atlantic County Prosecutor’s Office.

Further:

A reasonable belief exists when the person, to protect himself or others, was in his own dwelling at the time of the offense and the encounter between the person and the intruder was sudden and unexpected, compelling the person to act instantly and, the person reasonably believed that the intruder would inflict personal injury upon the person or others in the dwelling or, the person demanded that the intruder withdraw, and the intruder refused to do so, said the Atlantic County Prosecutor’s Office.

SOURCE: Atlantic County Prosecutor’s Office.