Simple Assault NJ: Understanding the Law in New Jersey

In New Jersey, simple assault is either a disorderly person's offense or a petty disorderly persons offense, depending on whether the assault was committed in a mutual fight or scuffle. Despite being the least serious assault charge in the state, disorderly assault can still carry significant penalties depending on the situation. For example, a simple assault involving domestic violence is almost sure to result in an arrest. If you or a loved one is facing a simple assault charge in New Jersey, it's essential to contact seasoned legal counsel to help defend against potentially serious legal consequences.

What is Simple Assault?

Simple assault is defined under N.J.S.A. 2C:12-1a. A person can be convicted of simple assault if they commit one of the following acts:

• Purposely, knowingly, or recklessly attempts to or does cause bodily injury to another person

• Negligently causing bodily injury to another person with a deadly weapon

• Attempts to put another person in fear of imminent serious bodily injury through the use of physical menace

Understanding a few key terms is essential to grasp the law entirely. Bodily injury is physical pain, illness, or impairment of a physical condition. Serious bodily injury is an injury that creates a substantial risk or causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

Physical menace is a term that describes a physical act that threatens a victim with a serious bodily injury (not just a “bodily injury”). Think of a perpetrator pulling out a gun and waving it towards a person or revealing a knife tucked in their coat pocket. These actions would put any reasonable person in fear of a serious bodily injury like a stab or gunshot wound.

Simple assaults can become more serious offenses depending on the specific circumstances of the assault. Factors that determine the seriousness of the offense include the severity of the injury caused, the perpetrator's mental state, and the victims' status. For example, a simple assault against a police officer or certain other public employees will be heightened to aggravated status automatically. Likewise, simple assaults that occur within a family unit or between spouses will be considered domestic violence cases. In domestic violence cases, police are likely to make an arrest even if only minor injuries are present in the victim. It's important to note that in New Jersey, domestic violence cases will not be dropped by the prosecution simply because a family member does not wish to press charges. 

Simple Assault vs. Aggravated Assault

The severity of the injuries caused, the victim's classification, and other specific circumstances dictate whether an assault in New Jersey will be classified as simple or aggravated. As mentioned, simple assaults committed against certain state employees, like police officers, firefighters, corrections officers, emergency response personnel, and school teachers, will automatically be classified as aggravated assault. This is true whether or not the accused was aware the victim belonged in one of these protected categories.

Another common deciding factor in determining how an assault will be classified is the severity of the injuries caused. If an assault only results in bodily injury and no other aggravating factors are present, then it will be classified as a simple assault. However, any assault that results in serious bodily injury is considered aggravated. Aggravated assaults are classified into different degrees depending on the severity of the assault. The highest charge of aggravated assault is second-degree aggravated assault. People found guilty of second-degree aggravated assault will face hefty fines of up to $150,000, up to 15 years in jail, and will be forced to serve at least 85% of their sentence under the No Early Release Act.

If you are facing simple or aggravated assault charges, we encourage you to contact our law firm for a confidential consultation to learn how we can help fight for the best possible outcome in your case.

The Disorderly person's offense of Simple Assault

To be convicted of the disorderly persons' offense, specifically classified as simple assault in New Jersey, the prosecution must prove beyond a reasonable doubt that the accused:

• Intentionally, knowingly, or recklessly caused bodily harm to another individual

• Negligently caused bodily harm with a deadly weapon (like a knife or a gun) or,

• By use of threat, put another person in fear of imminent serious bodily injury.

Reducing simple assault from a disorderly person's offense to a petty disorderly person's offense

In a mutual consent fight the charge can be reduced to a petty disorderly persons offense.

Defenses in a Simple Assault Case

Although the defense does not have any burden of proof in a criminal case, there are many available defenses should the defendant wish to use them. Common defenses to simple assault include:

• Self-Defense: Individuals have a right to defend themselves against a direct threat of bodily harm. The force must be proportionate to the perceived threat, and the individual asserting self-defense must not have instigated the confrontation.

• Imperfect Self-Defense: If an individual genuinely believes they were under threat, even if, in hindsight, the belief seems unreasonable, they may assert imperfect self-defense

• Defense of Others: Similar to self-defense, this defense applies when the defendant defends a third party from imminent harm. The protective force must be proportionate to the perceived threat and necessary to prevent damage to another person.

• Mistaken Identity: This defense asserts that the perpetrator has not been accurately identified. Mistaken identity is more likely to be a successful defense if there is doubt about the perpetrator's identity or whereabouts at the time of the alleged assault.

• Mutual Combat: If both parties willingly engage in a physical altercation, this defense might reduce penalties. It suggests shared responsibility for the altercation rather than unilateral aggression.

• Lack of Intent: This strategy is often the best way to challenge a simple assault charge. The defendant can provide evidence that they were not in the necessary state of mind (purposely, knowingly, recklessly)  required to support a simple assault conviction.

An effective defense strategy must be tailored to the specific circumstances of the assault. It is advisable to consult with a legal expert to determine the best plan for your particular case.

When can clear my record of a simple assault charge

Clearing a criminal record is known as Expungement, which is the legal process of removing any criminal conviction record from an individual's criminal history. It is a powerful tool that gives individuals who meet certain conditions a fresh start. This can be especially beneficial to individuals seeking employment or public benefits.

An individual convicted of up to five simple assaults may qualify for expungement under N.J. Stat. § 2C:52-3. To qualify, the individual must wait five years from the latest conviction, pay all related fines, and successfully complete parole or probation. 

Seeking Legal Help

Facing criminal charges is a daunting experience, and trying to face it alone can sabotage your chances of success. At Villani & DeLuca, P.C., we understand that every criminal case has unique challenges. With our team's background as former NJ prosecutors and our commitment to aggressive representation, we're well-equipped to handle your case with the care and attention it deserves. Whether you're a first-time offender or have previous convictions, our dedicated attorneys are ready to defend your rights and achieve the most favorable outcome for your situation.

Don't let your legal situation consume your peace of mind. Take the first step towards defending your rights by contacting Villani & DeLuca, P.C. We offer a complimentary consultation to evaluate your case and determine a defense strategy. Call us now or reach out online to schedule your free consultation!