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Simple Assault In New Jersey

Simple assault is a very serious offense that carries severe penalties. A simple assault occurs when someone uses force or physical contact on another person and it results in bodily injury. The law defines bodily injury as physical pain, illness, or an impairment of the physical condition. A charge of simple assault may also be written if a person acts with reckless (irresponsible) disregard in creating a negligent (careless) risk of bodily injury to a person. The criminal lawyers of Villani & DeLuca have decades of experience defending people accused of simple assault.

Facing Charges for Simple Assault?

The summer nights can get heated here at the Jersey Shore, especially when alcohol is involved. If two bar goers coming out of one of the many watering holes in Seaside Heights begin arguing, there is a good chance a fist fight will break out. Because these two decided to engage in this altercation freely of their own will, they will be facing simple assault (N.J.S.A. 2C:12-1a) charges. Simple assault occurs when a person intentionally or recklessly caused bodily injury to another with or without a weapon. A person can also be charged with assault if a threat of bodily harm is present, for example, if a person wielded a knife during a robbery and threatened to stab their victim. Generally assault falls into two classifications: simple assault (N.J.S.A. 2C:12-1a) or aggravated assault (N.J.S.A. 2C:12-1b). The main difference between the two is the degree of force used during the assault, the gravity of the bodily harm that occurs to the alleged victim, and whether or not a weapon was brandished.

Simple Assault (N.J.S.A. 2C:12-1a)

Simple assault is a less severe charge and is considered to be a disorderly persons offense in New Jersey unless the assault stems from a fight entered into by mutual consent. In that case the charge would be a petty disorderly persons offense. The extent of the injury is much less severe in simple assault then in an aggravated assault.

What are the Penalties for Simple Assault in New Jersey?

A simple assault is considered a criminal offense with a maximum fine of $1,000 and up to six months in the county jail. If the defendant was in the presence of a child 16 years of age or younger when the assault took place they will face prison time up to 18 months and a fine in excess of $1,000.

Aggravated Assault (N.J.S.A. 2C:-12-1b)

Aggravated assault is an indictable criminal offense in New Jersey and will be handled in the Superior Court of the County in which the alleged assault occurred. For example, if the fight occurred in Seaside Heights and you are charged with aggravated assault, the case would be heard in the Ocean County Courthouse in Toms River. For an assault to be considered aggravated, there has to be serious bodily injury inflicted on the victim or a deadly weapon is displayed or used. To be considered serious bodily injury in New Jersey, a severe injury must occur, which could include loss of function in the victim's organs, disfigurement or a high risk of death.

What are the Penalties for Aggravated Assault in New Jersey?

There are different degrees of aggravated assault, 2nd degree, 3rd degree, or 4th degree. The degree depends on the circumstance surrounding the offense, and the crime could be tried as a felony. The court will determine the degree with which a person is to be charged based on the “circumstances manifesting extreme indifference to the value of human life.” A person facing an aggravated assault charge could face a fine in excess of $150,000 and up to 10 years in prison.

Have you been accused of simple assault or aggravated assault in New Jersey? If so, it's time to speak to an experienced criminal defense attorney. At Villani & DeLuca, P.C. it is FREE to speak to our defense team about your case. Call 732-820-1256 today!

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.

A person is guilty of simple assault if they:

  • Attempt to cause or purposely, knowingly or recklessly causes bodily injury to another; or
  • Negligently cause bodily injury to another with a deadly weapon; or
  • Attempt by physical menace to put another in fear of imminent serious bodily injury.
  • A person acts purposely when the objective of the action was for the injury to occur.
  • A person acts knowingly when the person is aware that the action will almost certainly cause the injury.
  • A person acts recklessly when the person consciously disregards a substantial and unjustifiable risk that their actions will cause the injury.
  • A person is negligent when the person should be aware but fails to realize that their actions will cause the injury.
  • A serious bodily injury is one in which creates a substantial risk of death, long-term disfigurement, or loss of an organ.

If a person is found to be guilty of simple assault in the state of New Jersey, they will face the following penalties:

  • Ordered to pay a fine in excess of $1,000 if the assault took place as a result of a fight
  • Imprisonment for up to 18 months and a fine in excess of $1,000 if the defendant was in the presence of a child 16 years of age or younger when the assault took place

Aggravated Assault (N.J.S.A. 2C:-12-1b)

The difference between simple and aggravated assault in the state of New Jersey is the degree of force involved in the altercation, the nature of the injuries, and whether a weapon was used.

Aggravated assault is governed by N.J.S.A. 2C:12-1(b). A person is guilty of aggravated assault if they:

  • Attempt to cause serious bodily injury to another, or cause such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly cause such injury; or
  • Attempt to cause or purposely or knowingly cause bodily injury to another with a deadly weapon; or
  • Recklessly cause bodily injury to another with a deadly weapon.
  • A person acts purposely when the objective of the action was for the injury to occur.
  • A person acts knowingly when the person is aware that the action will almost certainly cause the injury.
  • A person acts recklessly when the person consciously disregards a substantial and unjustifiable risk that their actions will cause the injury.
  • A serious bodily injury is one in which creates a substantial risk of death, long-term disfigurement, or loss of an organ.
  • A deadly weapon includes firearms and knives, but also any object or substance that can be used in a way that is readily able to cause death or serious bodily injury.

Different levels of penalties exist for aggravated assault offenders depending upon the severity of the aggravated assault. For example, the crime of aggravated assault ranges from a lower level crime of the fourth degree to a higher level crime of the second degree.

  • A defendant found guilty of committing a second degree crime could face a prison term between five to 10 years and a fine in excess of $150,000.
  • A defendant found guilty of committing a third degree crime could face a prison term between three to five years and a fine in excess of $15,000.
  • A defendant found guilty of committing a fourth degree crime could face imprisonment up to 18 months and a fine in excess of $10,000.

Special Protection

Law enforcement officers, employees of utility companies and certain health care workers are classified as receiving special protections from the crime of assault. If a simple assault is carried out against a member of one of those classes, the crime will likely rise to the level of aggravated assault.

Criminal Defense Attorney in Point Pleasant Beach

The best defense against simple assault cases is to file a motion to dismiss the case, file a motion to suppress the evidence, or contest the case on discovery issues. If the victim's injuries are not significant, then the charge can be downgraded to a municipal ordinance charge or even dismissed.

A defendant who has been charged with a simple assault can make an application to dismiss the case on the grounds that it is de minimis (trivial) in nature. The context and background of the case are the most important factors in these types of applications. If the facts of the case are too trivial then a de minimis application to dismiss the case should be filed.

It is also possible for a simple assault charge to be reduced to a lesser charge. This process is called a merger of a lesser included offense. Harassment is a lesser-included offense to simple assault and may therefore a simple assault charge may be downgraded to harassment where the proofs support such an amendment. Similarly, a person cannot be convicted of both harassment and simple assault insofar as harassment is a lesser included offense of simple assault.

In the case of an aggravated assault charge, it is possible that the altercation was consensual or that the defendant was acting in self-defense.

Have you been accuse of simple assault or aggravated assault in New Jersey? If so, it's time to speak to an experienced criminal defense attorney. At Villani & DeLuca, P.C. it is FREE to speak to our defense team about your case. Call 732-820-1256 today!

You Have Rights! Let Our Firm Help Protect Them!

If you are facing charges in Ocean County or Monmouth County, you should be aware that a conviction can have serious consequences which will impact your life. The attorneys at Villani & DeLuca are experienced in helping people that are facing criminal charges determine the best possible outcome for their case and work toward an effective resolution. Carmine Villani and the lawyers at Villani & DeLuca will be with you every step of the way.


Contact the criminal defense team of Villani & DeLuca today.

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