Simple Assault in New Jersey: What You Need to Know

Being accused of simple assault in New Jersey can be a frightening experience. The potential consequences, including jail time, fines, and a criminal record, are significant. This post, by the experienced New Jersey criminal defense attorneys at Brett M. Rosen, Esq., aims to clarify the law of simple assault in New Jersey and your options if facing such charges.

What is Simple Assault in New Jersey?

Simple assault, as defined by N.J.S.A. 2C:12-1(a), is the act of:

• Purposely, knowingly, or recklessly causing bodily injury to another person.
• Attempting to cause bodily injury to another person.
• Negligently using a weapon and causing bodily harm.

Key Elements of Simple Assault:

The prosecution must prove the following elements for a simple assault conviction:

• The accused caused bodily injury: This can be anything from minor pain to more serious injuries.
• The act was purposeful, knowing, or reckless: There must be evidence of intent to cause harm, or acting with disregard for the risk of causing harm.
• The victim is another person: Simple assault does not apply to property damage.

Examples of Simple Assault:

• Hitting, shoving, or kicking someone
• Spitting on someone
• Threatening someone with violence (coupled with a credible ability to carry out the threat)

What are the Penalties for Simple Assault in New Jersey?

Simple assault is typically classified as a disorderly persons offense in New Jersey, similar to a misdemeanor. The potential penalties include:

• Up to six months in jail
• Fines of up to $1,000

However, the severity of the offense and potential penalties can be increased depending on the circumstances:

• Simple assault on a protected person: If the victim is a police officer, teacher, or other designated official, the charges could be elevated to a more serious crime.
• Simple assault with a weapon: Using a weapon during the assault can also lead to harsher penalties.
• Domestic violence: Simple assault charges can be part of a domestic violence case, with additional legal ramifications.

Defenses for Simple Assault in New Jersey:

Our skilled New Jersey criminal defense attorneys will explore all possible defenses to fight your charges. Here are some common defenses:

• Self-defense: You were acting in self-defense or defense of others.
• Defense of property: You were using reasonable force to protect your property.
• Lack of intent: You did not intend to cause bodily harm.
• False accusations: The alleged victim may be making false accusations out of spite or anger.
• Miscommunication: A misunderstanding or misinterpreted words/actions could be misinterpreted as a threat.

Facing Simple Assault Charges in New Jersey? We Can Help.

Don’t navigate this challenging situation alone. Our New Jersey criminal defense firm at Brett M. Rosen, Esq. can help:

• Analyze the details of your case and identify any weaknesses in the prosecution’s argument.
• Develop a strong defense strategy tailored to your specific circumstances.
• Fight for the best possible outcome, which could include dismissal of charges, reduced charges, or participation in a pre-trial intervention program.

Contact Brett M. Rosen Today for a Free Consultation

Understanding the law of simple assault in New Jersey and your rights is crucial. Our knowledgeable and aggressive defense team is here to protect you. Contact us today for a free consultation to discuss your case.