{"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":"2018-02-28T17:04:00","modified_gmt":"2018-02-28T22:04:00","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
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\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

The offenses of assault and battery<\/a> are often linked, even though many states<\/a> treat them as two distinct crimes. An assault occurs when a person threatens another with imminent bodily harm. A criminal battery occurs with an unlawful reckless or intentional harm to another with or without a deadly weapon; it requires offensive physical contact with a person or with an extension of the person such as their glasses or clothing. In New Jersey, there are various categories for assault and even if a battery is committed, it’s charged as an assault.<\/p>\n

Assault in New Jersey<\/h2>\n

The offense of simple assault<\/i> is the most basic assault charge in New Jersey. Simple assault charges arise when an individual engages in the following conduct: attempts to cause, or knowingly or recklessly causes, bodily injury to another; negligently causes bodily injury to another with a deadly weapon; or attempts to place someone in fear of imminent injury by menacing them. A simple assault is classified as a disorderly persons<\/a> offense. If the simple assault stems from a mutual fight, then it’s categorized as a petty disorderly persons offense. However, if an assault is more serious such as an assault on a police officer or fire fighter, or if the assault is conducted with a vehicle, then it’s classified as aggravated assault.<\/p>\n

Battery in New Jersey<\/h2>\n

If you commit a battery in New Jersey, you will actually face an assault charge. However, the reverse isn’t true: A person could be charged with assault without having committed a battery. Since one way to commit an assault involves menacing a person, this conduct would not constitute a battery because a battery requires physical touching.<\/p>\n

New Jersey Assault and Battery Laws at a Glance<\/h2>\n

The chart below provides a summary of New Jersey’s assault laws, including links to important code sections.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Simple Assault<\/b><\/p>\n<\/td>\n

Simple Assault:<\/i><\/p>\n

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  • Attempts to cause or knowingly or recklessly causes bodily injury to another person; or<\/li>\n
  • Negligently causes bodily injury to another person with a deadly weapon; or<\/li>\n
  • Attempts by physical menace to put another person in fear of imminent serious bodily injury.<\/li>\n<\/ul>\n

    Disorderly Persons Offense:<\/i><\/p>\n

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    • Simple assault is a disorderly persons offense, which is a misdemeanor, punishable by up to 6 months in jail and\/or a maximum $1,000 fine.<\/li>\n
    • If the simple assault is committed in a fight with mutual consent, then it’s a petty persons offense, which is a misdemeanor punishable by up to 30 days in jail.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Aggravated Assault<\/b><\/p>\n<\/td>\n

Aggravated Assault Instances:<\/i><\/p>\n

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  • Recklessly causes bodily injury to another person with a deadly weapon<\/li>\n
  • Attempts to cause or purposely causes bodily injury to another person with a deadly weapon<\/li>\n
  • Attempts to cause serious bodily injury to another person or causes such injury purposefully, knowingly, or under a negligent or reckless situation; or<\/li>\n
  • Recklessly pointing a firearm at another person, whether or not the actor believes it to be loaded.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Possible Defenses<\/b><\/p>\n<\/td>\n