{"id":374965,"date":"2018-02-21T19:07:14","date_gmt":"2018-02-22T00:07:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/new-jersey-assault-and-battery-laws.html"},"modified":"2026-07-10T17:04:00","modified_gmt":"2026-07-10T22:04:00","slug":"new-jersey-assault-and-battery-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-assault-and-battery-laws.html","title":{"rendered":"New Jersey Assault and Battery Laws"},"content":{"rendered":"\n
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New Jersey Assault and Battery Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

New Jersey<\/span> assault<\/span> and battery<\/span> laws prosecute both offenses under the state’s assault statutes, as there is no separate battery charge<\/span>. Simple assault<\/span> is a disorderly persons offense<\/span> with up to six months in jail, while aggravated assault<\/span> is a felony with penalties ranging from 18 months to 10 years depending on the degree. You can face criminal assault charges<\/span> and a civil battery lawsuit for the same conduct.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

When people talk about the crimes of assault and battery<\/span>, they typically speak of them as one offense. Many states<\/a>\u00a0treat them as two distinct crimes with separate statutes, though some states, like\u00a0New Jersey<\/span>,\u00a0include battery within their assault laws.<\/p>\n

Generally, an individual commits assault when they threaten another person with imminent bodily harm<\/span>. A criminal battery<\/span> occurs when a person unlawfully and intentionally inflicts harmful or offensive contact on another person, either with or without a deadly weapon<\/span>. In New Jersey<\/span>, there isn’t a separate statute for battery. Instead, New Jersey<\/span> law<\/span> includes this crime in the state’s assault statute.<\/p>\n

In this article, we’ll explain the assault and battery<\/span> laws in New Jersey<\/span>, including the penalties and common defenses for these crimes.<\/p>\n

If you’re facing battery charges<\/span> or assault charges<\/span>, you should contact an experienced <\/span>New Jersey<\/span> criminal defense<\/span> lawyer<\/span><\/a> right away. They’ll review your case and help you craft a strong defense strategy<\/span>.<\/p>\n

Degrees of Assault Under New Jersey<\/span> Law<\/span><\/strong><\/h2>\n

New Jersey<\/span> law<\/span> divides assault into two degrees: simple assault<\/span> and aggravated assault<\/span><\/a>. Simple assault<\/span> is the most basic assault charge<\/span> in New Jersey<\/span>.<\/p>\n

According to N.J.S.A<\/span>. 2C:12-1<\/a>, simple <\/span>assault<\/span> charges<\/span> arise when an individual engages in the following conduct:<\/p>\n