Last reviewed . Law current as of October 2026.
In New Jersey, assault is defined in N.J.S.A. 2C:12-1. Simple assault is usually a disorderly persons offense heard in municipal court, with up to 6 months in jail. Aggravated assault is an indictable crime of the second, third, or fourth degree, heard in Superior Court, depending on the injury, whether a weapon was involved, and who the alleged victim was.
Simple assault
Under N.J.S.A. 2C:12-1(a), simple assault generally covers attempting to cause, or purposely, knowingly, or recklessly causing, bodily injury to another; negligently causing bodily injury with a deadly weapon; or attempting by physical menace to put someone in fear of imminent serious bodily injury.
Simple assault is a disorderly persons offense. If the fight was entered into by mutual consent, the statute makes it a petty disorderly persons offense. These cases are heard in the municipal court where the incident happened, by a judge without a jury.
Aggravated assault
N.J.S.A. 2C:12-1(b) lists many forms of aggravated assault. The degree depends on the facts the State alleges, for example whether serious or significant bodily injury is claimed, whether a deadly weapon was used or displayed, and whether the alleged victim is in a protected group such as law enforcement officers, health care workers, or school employees.
Aggravated assault is an indictable crime handled in the Superior Court, Criminal Division. See indictable crimes and degrees for how those cases move.
Common defense issues in assault cases
- Self-defense or defense of others (N.J.S.A. 2C:3-4 and 2C:3-5)
- Whether the injury meets the legal definition the State charged
- Inconsistent witness statements, video, and 911 recordings
- Whether the case was charged at the right level, and whether it can be downgraded to municipal court
- Diversion options such as conditional dismissal or Pretrial Intervention (PTI), when eligible
If the alleged victim is a household member or partner
An assault between people in a covered relationship can also be treated as domestic violence, which can bring a temporary restraining order in the Family Part on top of the criminal case. See domestic violence and restraining orders.
Frequently asked questions
Is simple assault a crime in New Jersey?
Technically no. New Jersey law (N.J.S.A. 2C:1-4) classifies simple assault as a disorderly persons offense, not a crime. It is heard in municipal court and can carry up to 6 months in jail and a fine of up to $1,000, and a conviction still creates a record.
Can the alleged victim drop assault charges in New Jersey?
Not on their own. Once a complaint is filed, the case belongs to the State, and the prosecutor decides whether to continue. The complaining witness's wishes can matter, but they do not automatically end the case.
What is the difference between simple and aggravated assault?
Simple assault is a disorderly persons offense heard in municipal court. Aggravated assault is an indictable crime of the second, third, or fourth degree heard in Superior Court. The difference usually turns on the level of injury alleged, use of a weapon, and the status of the alleged victim.
Is self-defense a defense to assault in New Jersey?
Yes. N.J.S.A. 2C:3-4 allows force when a person reasonably believes it is immediately necessary to protect against unlawful force, with limits on deadly force. Whether it applies depends on the facts.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
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.