What Is Simple Assault In New Jersey?

If you have been charged with a simple assault in Union County, New Jersey, including municipal courts such as Linden, Union, Cranford, Garwood, or Elizabeth, it is critical to protect your rights and build a compelling defense. The Law Offices of Edward Cooper handle simple assault cases and all associated charges across Northern and Central New Jersey.

The definition of assault in New Jersey is when an individual, injures or attempts to injure another individual without legal justification. The accused can be charged with either simple assault or aggravated assault.  The penalties and levels of each assault charge depend on a range of factors. These factors include how serious the victim is injured, if the accused used a weapon or object to inflict harm, and also depending on whether or not a victim is provided special protection under New Jersey Law.

Definition of Simple Assault in NJ

Simple Assault in New Jersey can be committed in three ways as defined by Statue 2C:12-1:

2C:12-1.  Assault – Simple Assault and Aggravated Assault

2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:

(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) Negligently causes bodily injury to another with a deadly weapon; or

(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

  • Bodily Injury or Serious Bodily Injury – The definition of a bodily injury relies on the victim of the crime suffering some physical injury or pain. (N.J. Stat. Ann. § 2C:11-1.)
  • Acting Purposely – This occurs when the accused intended for the injury to occur to the victim. (N.J. Stat. Ann. § 2C:2-2.)
  • Acting Knowingly – This occurs when the accused causes injury knowingly and is aware that their actions will almost certainly result in injury to the victim. (N.J. Stat. Ann. § 2C:2-2.)
  • Acting Recklessly – This occurs when the accused “consciously disregards a substantial and unjustifiable risk” that their actions will result in injury to the victim. (N.J. Stat. Ann. § 2C:2-2.)
  • Acting Negligently – This occurs when the accused should be aware but does not recognize that their actions will result in injury to the victim. (N.J. Stat. Ann. § 2C:2-2.)
  • Deadly weapon – A “deadly weapon” is defined not only as what one would consider traditional weapons like knives, firearms, or blunt objects; but also any object, even if not normally used as a weapon, can result in death or serious injury to the victim. (N.J. Stat. Ann. § 2C:11-1.)

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.

Simple Assault Penalties in New Jersey

The defendant of a simple assault will be required to appear in municipal court. If convicted of simple assault one can be made to pay restitution, fined, or both. The fines can range from $500 for a petty disorderly persons conviction, and cannot exceed $1000 if convicted of a disorderly persons offense.

Consult with a Lawyer in Union County New Jersey

If you or someone you love has been charged with simple assault, call the Law Offices of Edward S. Cooper for an initial consultation.