Simple Assault Charge In New Jersey

Elizabeth, NJ Simple Assault Attorney

New Jersey Simple Assault Charge Attorney

In New Jersey, simple assault (N.J.S.A. 2C:12-1(a)) is considered a violent crime. Although it is one of the less severe violent crimes in the state, a conviction can still lead to jail time, fines, and a criminal record. If you have been charged with simple assault, aggravated assaultdisorderly conduct, or harassment, it is important to contact an experienced criminal defense attorney as soon as possible. An attorney can review the facts of your case and advise you of your legal options. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

  1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
  2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
  3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
  4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
  5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a simple assault charge, it is imperative that legal assistance is sought after. Contact our law firm today to discuss your potential case.

Definition of NJ Simple Assault Charge 2C:12-1(a)

New Jersey defines simple assault, N.J.S.A. 2C:12-1(a) as:

  • Attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another.
  • Negligently causing bodily injury to another with a deadly weapon.
  • Attempting by physical menace to put another in fear of imminent serious bodily injury.

This means that simple assault can include any kind of willful or negligent harm or the threat of harm to another. The most common type of simple assault is a fistfight. Simple assault in New Jersey is classified as a Disorderly Persons Offense. If both parties entered into the fight or scuffle by mutual consent, it will likely be charges as a Petty Disorderly Persons Offense.

Legal Elements of Simple Assault Charge in New Jersey

According to N.J.S.A. 2C:12-1 (a), the definition of simple assault in New Jersey are:

  • You attempt to cause or cause bodily injury to another.
  • You negligently cause bodily injury to another with a deadly weapon.
  • You attempt to put another person in fear of imminent bodily injury.

The legal elements that the prosecutor must prove beyond a reasonable doubt depend on the facts of the case. If bodily injury was inflicted, then the prosecutor must prove beyond a reasonable doubt per the New Jersey Model Jury Charge:

  1. That the defendant did cause bodily injury to NAME OF VICTIM; and
  2. That the defendant acted purposely or knowingly or recklessly in causing bodily injury to NAME OF VICTIM (or another).

If the facts of the case reveal that there was an attempt to put another in fear of imminent bodily injury, the prosecutor must prove beyond a reasonable doubt:

  1. That the defendant attempted to cause bodily injury to NAME OF VICTIM (or another); and
  2. That the defendant acted purposely.

The NJ Model Jury Charge says that in order to prove that the defendant attempted to cause bodily injury, they must prove:

A person acts purposely with respect to causing bodily injury if it is a person’s conscious object to cause bodily injury. A person acts purposely with respect to attendant circumstances if a person is aware of the existence of such circumstances or a person believes or hopes that they exist. One can be deemed to be acting purposely if one acts with design, with a purpose, with a particular object, if one really means to do what he/she does.

Penalties for NJ Simple Assault Charge 2C:12-1(a)

Simple assault is a Disorderly Persons Offense in New Jersey. If convicted, you could face the following penalties:

  • Up to six months in county jail;
  • A fine of up to $1,000;
  • Probation; and
  • Community service.

If the charge is the result of a fight that both parties agree to, then it is a petty disorderly persons offense. In that case, the maximum penalties include up to 30 days in jail and a $500 fine.

If the conditions meet the criteria for simple assault, but the act was conducted in the presence of a child (under 16), then the charge can be upgraded to aggravated assault, which is a much more serious offense. The same is true if the act is committed upon certain individuals such as police officers, school board members school employees, and bus drivers. If convicted of a fourth-degree aggravated assault, you could face the following penalties:

  • Up to 18 months in prison;
  • A fine of up to $10,000

4th Degree Crime

Disorderly Persons Offense

Petty Disorderly Persons Offense

·       Fine up to $10,000

·       Fine up to $1,000

·       Fine up to $500

·       Up to 18 months in jail

·       Up to 6 months in jail

·       Up to 30 days in jail

Defenses to Simple Assault Charge in New Jersey

The burden is on the prosecutors to prove whether a person is guilty of simple assault. A good defense may include poking holes in the prosecutor’s arguments, getting evidence thrown out, as well as presenting witness testimony on behalf of the accused. The exact defense will depend on the details of the case. In some cases, the best defense is to negotiate to reduce the charge to a lesser offense, preferably one that does not include jail time and/or results in a criminal record. Other defenses to simple assault include:

  • Self-defense: You were acting in self-defense or the defense of others. This defense applies when a person uses reasonable force to protect themselves or someone else from an imminent threat of harm. The person must not have provoked the attack or used excessive force.
  • Defense of property: You were acting to protect your property or the property of others. This is similar to self-defense mentioned above.
  • Consent: The victim consented to the contact. This defense applies when both parties agreed to engage in a fight or physical contact, such as in a sporting event or a mutual combat situation. In this case, the charge may be reduced to a petty disorderly persons offense, which carries lower penalties.
  • Lack of mental state: You did not have the mental state required for the crime, such as intent or recklessness. This defense applies when a person did not intend or know that their actions would cause injury to another person, such as in an accident or a mistake. The person must not have acted recklessly.
  • Motion to dismiss or suppress: This defense applies when there is insufficient evidence to prove the charge, or when the evidence was obtained illegally or improperly, such as through an unlawful search or seizure, a coerced confession, or a violation of the Miranda rights.
  • Statute of Limitations: This defense applies when the charge or charges of simple assault aren’t brought within a certain amount of time. Typically with a disorderly persons simple assault, the State has one (1) year to file charges. 

Contact our office today to discuss you or your loved one’s simple assault charges here in New Jersey. 

Case Law Analysis

In State v. Murphy, 447 A. 2d 219, the defendant was arrested after drunkenly punching two police officers, one of whom sustained injuries to the eye. The defendant argued that he did not intend or know that his effort to resist being arrested would result in injury. The prosecution asserted that while he may not have known or intended to cause injury, his intoxicated state was a form of “reckless” behavior. The judge agreed that this recklessness meets the standard for simple assault.

Domestic Violence & Simple Assault in New Jersey

Domestic violence is a term that refers to a pattern of abusive behavior by one person against another person in a domestic relationship, such as a spouse, partner, parent, child, or sibling. Domestic violence can include physical, sexual, emotional, psychological, or economic abuse, as well as threats, harassment, stalking, or isolation. Simple assault is one of the 19 acts that can constitute domestic violence in New Jersey. 

If a person is accused of committing simple assault against a domestic violence victim, they may face both criminal charges and a restraining order. A restraining order is a civil order that prohibits the defendant from contacting or approaching the victim, and may also impose other restrictions, such as eviction from a shared residence, custody and visitation limitations, or mandatory counseling. A restraining order (commonly referred to as a TRO or FRO) can be issued temporarily or permanently, depending on the outcome of a hearing in family court.

Additional information about Simple Assault in Elizabeth, New Jersey
  • Simple assault can be charged even if the victim does not suffer any serious injuries.
  • Simple assault can be charged even if the victim does not report the crime to the police.
  • If you are arrested for simple assault, you will likely be released from jail on your own recognizance or PML I, PML II, PML III, PMLIII+.
  • If you are convicted of simple assault, you will have a criminal record.
  • In New Jersey, the statute of limitations for simple assault, is one year from when the alleged offense took place. This means that charges must be filed within one year of the incident. If charges are filed after this time period has expired, it can provide a valid defense against simple assault.
Frequently Asked Questions (FAQs) 
  • Will I go to jail if convicted of simple assault?
    • There is a potential jail sentence attached to this offense under New Jersey law.
  • How long could I be in jail for a simple assault conviction?
    • The maximum jail time for a simple assault conviction is up to six months.
  • Will I have to remain in jail until my trial?
    • If not accused of domestic violence, you will likely be released after arrest and booking, given a court date for your first appearance.
  • What happens if the alleged victim does not want to proceed?
    • The case may still proceed depending on the evidence and the prosecutor’s decision.

Top-Notch New Jersey Simple Assault Attorney

Simple assault charges are serious and should not be taken lightly. If you are charged with simple assault, robbery, burglary, or kidnapping in New Jersey, it’s crucial that you contact a criminal defense lawyer immediately. Contact Attorney Brett M. Rosen today to discuss your case. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your simple assault charge. Here are some of them:

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your simple assault defense.

Contact us today for a free consultation.