New Jersey Assault and Battery Laws

When people talk about the crimes of assault and battery, they typically speak of them as one offense. Many states treat them as two distinct crimes with separate statutes, though some states, like New Jersey, include battery within their assault laws.

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

In this article, we’ll explain the assault and battery laws in New Jersey, including the penalties and common defenses for these crimes.

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

Degrees of Assault Under New Jersey Law

New Jersey law divides assault into two degrees: simple assault and aggravated assault. Simple assault is the most basic assault charge in New Jersey.

According to N.J.S.A. 2C:12-1, simple assault charges arise when an individual engages in the following conduct:

• Attempts to cause, or knowingly or recklessly causes, physical harm to another person

• Negligently causes bodily injury to another person with a deadly weapon

• Attempts to place someone in fear of imminent injury by menacing them

New Jersey classifies simple assault as a “disorderly persons” offense. If the simple assault stems from a mutual fight, then the court categorizes it as a petty disorderly persons offense. However, if an assault involves something more serious, such as an assault on a police officer or firefighter, or if a person commits assault with a vehicle, it constitutes aggravated assault.

Aggravated Assault

The penalties for aggravated assault are much more severe than those for simple assault. In fact, simple assault is almost always a misdemeanor, whereas aggravated assault is a felony.

There are three main differences between a simple assault charge and an aggravated assault charge:

• In a simple assault case, the defendant causes (or attempts to cause) minor injuries. With an aggravated assault case, the offender wants to cause (or causes) serious bodily injury.

• To prove an aggravated assault, the state must show that the defendant used a deadly weapon. This is not a requirement for a simple assault case.

• Defendants in aggravated assault cases show an extreme indifference to human life. This isn’t necessarily the case in a simple assault case.

An aggravated assault is a simple assault with aggravating factors, such as those described above.

Degrees of Aggravated Assault

When it comes to simple assault, there are no degrees. This isn’t the case with aggravated assault. N.J.S.A. 2C: 12-1 breaks this crime into second, third, and fourth-degree aggravated assault, with each offense having distinct penalties.

The three degrees of aggravated assault break down as follows:

• Second-degree aggravated assault: Causing serious bodily harm with the intentional or reckless use of a deadly weapon or using a deadly weapon in a way that could cause serious injury or risk of death.

• Third-degree assault: Causing significant bodily harm or using a weapon in a less severe manner than in second-degree aggravated assault.

• Fourth-degree assault: Recklessly causing bodily injury with a weapon or pointing a firearm without causing serious harm.

The penalties for aggravated assault are quite severe. Not only will a conviction result in a lengthy prison sentence, but you will also have to pay hefty fines.

How Does New Jersey Treat Battery Cases?

New Jersey doesn’t have a separate crime called “battery.” Instead, conduct that other states call battery is prosecuted under New Jersey‘s assault statutes. This means if you cause physical harm or offensive contact to another person, you’ll face assault charges in New Jersey.

Whether you’re charged with simple assault or aggravated assault depends on the severity of the contact. For example, if you punch someone at a bar and cause minor injuries, you’ll face simple assault charges. If you seriously injure someone with a weapon, you’ll face aggravated assault charges. Both scenarios involve what other states might call “battery,” but New Jersey treats them as different degrees of assault.

While assault and battery are conceptually different crimes (assault typically involves threats while battery involves actual physical contact), New Jersey law treats harmful physical contact as assault. In practical terms, this doesn’t change what conduct is illegal. It simply means there’s no separate charge called “battery” in New Jersey courts.

This also means assault can occur without any physical contact. For instance, if a customer at a bar threatens to break a bottle over another patron’s head but doesn’t follow through, they could still face simple assault charges for the threat alone. In this case, there’s assault but no physical contact.

Civil Lawsuits for Battery in New Jersey

Even though New Jersey doesn’t have a criminal charge for battery, you can still face a civil lawsuit for battery. Criminal cases and civil cases are separate legal proceedings with different purposes and standards.

In a criminal assault case, the state prosecutes you for breaking the law, and you could face jail time and fines. In a civil battery case, the person you harmed can sue you for monetary damages to compensate them for their injuries, medical bills, pain and suffering, and other losses.

This means you could face both criminal assault charges from the prosecutor and a civil battery lawsuit from the victim for the same act. For example, if you punch someone and break their nose, you might be criminally charged with simple assault while also being sued for battery in civil court. The two cases proceed independently, and the outcomes don’t necessarily affect each other.

If you’re facing either criminal charges or a civil lawsuit related to assault or battery, contact an attorney who can explain your rights and options.

Penalties for Assault and Battery in New Jersey

The criminal penalties for assault and battery vary depending on the seriousness of the offense. For example, the penalties are a lot higher for second-degree aggravated assault than they are for simple assault.

The specific penalties for assault and battery are:

• Simple assault: Up to six months in jail and fines of up to $1,000

• Second-degree aggravated assault: A prison sentence of five to 10 years and fines of up to $150,000. If you are convicted of this second-degree crime, you must serve at least 85% of your sentence as required by the “No Early Release Act” (NERA).

• Third-degree aggravated assault: A prison term of three to five years and fines of up to $15,000

• Fourth-degree aggravated assault: The penalty for this crime is up to 18 months in county jail and fines of up to $10,000

In some cases, your attorney may convince the judge to offer probation or community service, but there is no guarantee this will happen. It depends on the facts of your case and your previous criminal record.

In addition to the above penalties, a person guilty of these criminal offenses will have a negative mark on their criminal record. Even a record of simple assault can impact your ability to get a professional degree, license, or job.

Possible Defenses To Assault and Battery

If you want to avoid jail time and hefty fines, you’ll have to put on a strong defense at trial. Thankfully, your criminal defense attorney will be able to negotiate a plea bargain, and your case won’t go to trial. Either way, you’ll have to present a defense to the criminal charges.

The following are common defenses to assault and battery:

• Self-defense: If you can prove that, at the time of the contact, you were facing a threat of unlawful force or harm, this defense may work. You will have to demonstrate that you perceived a threat (from the alleged victim) and had a reasonable basis to fear imminent harm.

• Defenses of others: In New Jersey, you can raise the defense of others in an assault and battery case. You must prove the same thing as in a regular self-defense case, only you must show that you have an honest and reasonable fear that the third party was in danger of imminent harm.

• Defense of property: Surprisingly, New Jersey law recognizes the defense of property in these cases. However, you can only use the force necessary to defend your property. You must also make an attempt to stop the perpetrator before resorting to the use of force.

• Consent: This defense rarely applies in assault and battery cases. However, if someone accuses you of battery or assault during a football game or other contact sport, you can raise the defense of consent.

Confused About Assault and Battery? An Attorney Can Help

The laws related to assault and battery in New Jersey can be difficult to comprehend if you don’t have much experience with the law. If you’re facing charges, your best bet is to consult with a skilled legal expert. Get a handle on your case by talking to a local criminal defense attorney to learn more about your options and defenses.