Simple Assault in New Jersey

N.J.S.A. 2C:12-1 · Assault, Homicide & Violent Offenses

What the law says

The section prohibits simple and aggravated assault, including causing or attempting to cause bodily injury, specified assaults against protected persons, and certain conduct involving firearms, fires, or domestic-violence victims. It also establishes offenses and grading for assault by auto or vessel, assaults against institutionalized elderly persons, and simple assaults committed in the presence of a child under 16 at a school or community sponsored youth sports event.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:12-1, that means:

• For simple assault, the person attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; negligently causes bodily injury to another with a deadly weapon; or attempts by physical menace to put another in fear of imminent serious bodily injury.
• For aggravated assault, the person commits one of the specified injury or weapon forms, including attempting to cause serious bodily injury, causing bodily injury with a deadly weapon, recklessly causing bodily injury with a deadly weapon, or pointing a firearm in the specified circumstances.
• Aggravated assault includes committing simple assault against one of the listed protected people while that person is performing specified duties or because of that person’s specified status, subject to the identifying, uniform, and other conditions stated for each category.
• Aggravated assault also includes causing bodily injury while fleeing or attempting to elude a law enforcement officer in violation of the cited statute, or while operating a motor vehicle in violation of the cited statute; causing bodily injury to emergency services personnel through a knowing or purposeful fire or explosion in violation of N.J.S.2C:17-1; and specified firearm, imitation-firearm, and laser-sighting conduct directed at law enforcement officers.
• Aggravated assault includes attempting to cause or causing significant bodily injury in the specified mental states, including to a person who meets the statutory definition of a victim of domestic violence; and knowingly or recklessly obstructing such a person’s breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth, thereby causing or attempting to cause bodily injury.
• For assault by auto or vessel, the person drives a vehicle or vessel recklessly and causes serious bodily injury or bodily injury to another, or commits one of the separately specified driving forms involving intoxication-related violations, school property or crossings, or purposeful aggressive driving directed at another vehicle, with the injury result specified by the statute.
• The section also covers a facility employee’s specified simple assault upon an institutionalized elderly person, and a simple assault committed in the presence of a child under 16 at a school or community sponsored youth sports event.

How the charge is graded

• Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
• Aggravated assault under paragraphs (1) and (6) of subsection b. is a crime of the second degree.
• Aggravated assault under paragraphs (2), (7), (9), and (10) of subsection b. is a crime of the third degree.
• Aggravated assault under paragraphs (3) and (4) of subsection b. is a crime of the fourth degree.
• Aggravated assault under paragraph (5) of subsection b. is a crime of the third degree if the victim suffers bodily injury; otherwise it is a crime of the fourth degree, except that aggravated assault under subparagraph (g) is a crime of the third degree, and aggravated assault of a law enforcement officer under subparagraph (a) resulting in serious bodily injury is a crime of the second degree.
• Aggravated assault under paragraph (8) of subsection b. is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree.
• Aggravated assault under paragraph (11) of subsection b. is a crime of the third degree.
• Aggravated assault under paragraph (12) of subsection b. is a crime of the third degree, but the presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not apply.
• Aggravated assault under paragraph (13) of subsection b. is a crime of the second degree.
• Assault by auto or vessel under paragraph (1) of subsection c. is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.
• Assault by auto or vessel under paragraph (2) of subsection c. is a crime of the third degree if the person drives in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results, and is a crime of the fourth degree if bodily injury results.
• Under paragraph (3) of subsection c., assault by auto or vessel is a crime of the second degree if serious bodily injury results from the specified driving in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a); it is a crime of the third degree if bodily injury results from operation of the auto or vessel in violation of that paragraph.
• Under paragraph (4) of subsection c., assault by auto or vessel is a crime of the third degree if serious bodily injury results from purposely driving a vehicle in an aggressive manner directed at another vehicle, and a crime of the fourth degree if bodily injury results.
• A facility employee who commits the specified simple assault upon an institutionalized elderly person is guilty of a crime of the fourth degree.
• A person who commits the specified simple assault in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• A person is strictly liable for a violation of paragraph (6) of subsection b. upon proof of a violation of subsection b. of N.J.S.2C:29-2 or subsection c. of N.J.S.2C:20-10 that resulted in bodily injury to another person.
• A person is strictly liable for a violation of paragraph (8) of subsection b. upon proof of a violation of N.J.S.2C:17-1 that resulted in bodily injury to emergency services personnel.
• A conviction for assaulting a law enforcement officer under subparagraph (a) of paragraph (5) of subsection b. shall not merge with a conviction for any other criminal offense.
• A mandatory term of incarceration pursuant to section 2 of P.L.1997, c.117 (C.2C:43-7.2) shall not apply to a conviction for aggravated assault of a law enforcement officer under subparagraph (a) of paragraph (5) of subsection b. unless the assault resulted in serious bodily injury to the officer.
• A person charged with aggravated assault of a law enforcement officer under subparagraph (a) of paragraph (5) of subsection b. resulting in serious bodily injury is ineligible to apply for admission to a program of supervisory treatment pursuant to N.J.S.2C:43-12 through 2C:43-22.
• For assault by auto or vessel, proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly.
• For the specified school-property and school-crossing forms of assault by auto or vessel under paragraph (3) of subsection c., it is no defense that the defendant was unaware the conduct took place on or within 1,000 feet of school property or while driving through a school crossing. For subparagraphs (a) and (b), it is also no defense that no juveniles were present or that the school was not in session.
• The school-property map or a true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of qualifying school property, produced pursuant to section 1 of P.L.1987, c.101 (C.2C:35-7), may be used in a prosecution under subparagraph (a) of paragraph (3) of subsection c.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Simple Assault charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Strict Liability Vehicular Homicide →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →
• Stalking →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.