Editorial content by the Marketing Team, New Jersey Criminal Defense Attorneys PCContent date: . General information; laws and procedures can change. See the sources below.
Short answer
New Jersey law defines two categories of assault: simple assault and aggravated assault. A person is guilty of assault if the person attempts to cause or purposely, knowingly or recklessly causes bodily injury to another. A person is guilty of simple assault if the person negligently causes bodily injury to another with a deadly weapon. Under N.J.S.A. 2C:12-1(a)(3), a person is guilty of assault if the person attempts by physical menace to put another in fear of imminent serious bodily injury.
Elevated charges
A person employed by a facility who commits a simple assault as defined in paragraph (1) or (2) of subsection a. upon an institutionalized elderly person is guilty of a crime of the fourth degree.
A person who commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. 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.
Strict liability:
The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age.
Assault on a law enforcement officer
Committing a simple assault as defined in paragraph (1), (2), or (3) of subsection a. upon any law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of authority or because of the officer's status as a law enforcement officer constitutes aggravated assault.
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.
Aggravated assault grade levels
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.
Under paragraphs (3) and (4) of subsection b. of N.J.S.A. 2C:12-1, the offense is a crime of the fourth degree.
Strangulation
Aggravated assault under paragraph (13) of subsection b. of N.J.S.A. 2C:12-1 is a crime of the second degree.
Frequently asked questions
Is a simple assault charge a felony in New Jersey?
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.
Can a simple assault charge become a fourth-degree crime?
Yes, in specific circumstances. A person employed by a facility who commits a simple assault as defined in paragraph (1) or (2) of subsection a. upon an institutionalized elderly person is guilty of a crime of the fourth degree. Separately, A person who commits a simple assault as defined in paragraph (1), (2), or (3) of subsection a. 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.
What is strict liability in the youth sports context?
The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age.
What happens if the alleged victim was a police officer?
Committing a simple assault as defined in paragraph (1), (2), or (3) of subsection a. upon any law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of authority or because of the officer's status as a law enforcement officer constitutes aggravated assault. 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.
What grade is aggravated assault in New Jersey?
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. Under paragraphs (3) and (4) of subsection b. of N.J.S.A. 2C:12-1, the offense is a crime of the fourth degree.
What is assault by auto?
Assault by auto or vessel is a disorderly persons offense if bodily injury results.
What is the strangulation provision?
Aggravated assault under paragraph (13) of subsection b. of N.J.S.A. 2C:12-1 is a crime of the second degree.
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
