Created by FindLaw's team of legal writers and editors | Last reviewed February 28, 2018
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The offenses of assault and battery are often linked, even though many states 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.
The offense of simple assault 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 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.
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.
The chart below provides a summary of New Jersey's assault laws, including links to important code sections.
Statutes |
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Simple Assault |
Simple Assault:
Disorderly Persons Offense:
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Aggravated Assault |
Aggravated Assault Instances:
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Possible Defenses |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many New Jersey attorneys offer free consultations.
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