Simple assault charge in New Jersey: penalties and options

What counts as simple assault

New Jersey's assault law, N.J.S.A. 2C:12-1, defines simple assault three ways. You can be charged if you attempt to cause, or actually cause, bodily injury to someone. You can be charged if you negligently cause bodily injury with a deadly weapon. And you can be charged if you try to put someone in fear of imminent serious bodily injury through physical menace, even if no one is touched.

Bodily injury does not have to be serious. Pain or a minor injury can be enough, which is why ordinary scuffles at bars, sporting events, family gatherings and parking lots often lead to this charge. An attempt counts too, so a swing that misses can still be charged.

Simple assault versus aggravated assault

Aggravated assault is a crime, also called an indictable offense, and it is handled in Superior Court instead of municipal court. The same statute lists many ways a case moves up to aggravated assault. Some of the most common:

The grade of an aggravated assault depends on the type. Causing serious bodily injury is generally a second degree crime. Bodily injury with a deadly weapon is generally third degree, and recklessly causing bodily injury with a deadly weapon is fourth degree. For assaults on protected workers, the charge is generally fourth degree if there is no injury and third degree if there is bodily injury.

• Causing, or trying to cause, serious bodily injury, or causing significant bodily injury.
• Causing or trying to cause bodily injury with a deadly weapon.
• Pointing a firearm at someone in certain circumstances.
• Assaulting someone in a protected group, including police officers, firefighters, emergency medical workers, school employees, judges, bus drivers, health care workers and retail store employees.
• Strangling a domestic violence victim, or causing significant bodily injury to one.

Penalties for a disorderly persons offense

Simple assault is generally a disorderly persons offense. Under N.J.S.A. 2C:43-8 and 2C:43-3, the maximum is 6 months in jail and a $1,000 fine. Courts can also order probation, restitution and required court costs and assessments. Maximums are not the same as typical sentences, and outcomes depend heavily on the facts and your record.

If the assault happened in a fight or scuffle both people agreed to, the statute drops it to a petty disorderly persons offense. That lowers the maximum to 30 days in jail and a $500 fine.

Aggravated assault carries much heavier exposure. Depending on the type, it is graded as a crime of the second, third or fourth degree. A third degree conviction, for example, can bring a fine of up to $15,000 on top of possible prison time.

When the case involves domestic violence

Assault is one of the offenses listed in New Jersey's domestic violence law, N.J.S.A. 2C:25-19. It counts as domestic violence when it happens between people in a covered relationship, such as spouses, former spouses, household members, people who share a child, or people who have dated.

That matters in two ways. The alleged victim can seek a restraining order in the Family Division, which is a separate case from the criminal charge. And the conditional dismissal program described below is not available for offenses involving domestic violence. Our restraining order guide explains that process.

Conditional dismissal: a one-time second chance

New Jersey's conditional dismissal program, created by P.L.2013, c.158 and found at N.J.S.A. 2C:43-13.1 and following, lets some people charged with a disorderly persons or petty disorderly persons offense in municipal court avoid a conviction. It is granted only once per person.

To be eligible, you generally must have no prior conviction for any offense, and you cannot have used conditional discharge, conditional dismissal, pretrial intervention or a similar diversion program before. Some offenses are excluded entirely, including those involving domestic violence, gang activity, offenses against an elderly, disabled or minor person, and driving under the influence.

If you qualify, you apply after a guilty plea or finding of guilt but before the judgment is entered. The court weighs factors such as the nature of the offense, your background and the victim's wishes. Whether the offense was assaultive or violent is one factor, but in an unpublished decision the Appellate Division said a judge cannot deny the application on that basis alone.

If accepted, you are placed on probation monitoring for one year and must pay a $75 application fee, plus any restitution and assessments. If you stay out of trouble and meet the conditions, the court can dismiss the case. The dismissal is not treated as a conviction.

The municipal prosecutor's view matters but is not the last word. The court can admit you over the prosecutor's objection, though the prosecutor can ask for a 10 day stay to appeal. If you need more time to pay what the court ordered, you can ask for an extension.

If you pick up a new offense during the year or do not follow the conditions, the court can enter a judgment of conviction based on your earlier plea and sentence you.

How the case moves through court

Simple assault cases start with a complaint filed in municipal court. At your first appearance you will be told the charge and your rights. Because simple assault can bring jail time, you may qualify for a municipal public defender if you meet the financial guidelines.

Aggravated assault cases are handled differently. They go to the county prosecutor and Superior Court, where the diversion option is pretrial intervention, also called supervisory treatment under N.J.S.A. 2C:43-12, instead of conditional dismissal.

From there, the case may go to trial, end in a plea agreement, be diverted through conditional dismissal, or be dismissed. If you are convicted, the record may later be eligible for expungement after the waiting period. If the charge is dismissed, you can generally have the records expunged.