What are the Different Kinds of Assault Charges in New Jersey?

Reviewed by Carl Spector, Esq.

Assault charges are serious and can result in detrimental lifelong effects. If you were charged, reach out to our experienced New Jersey criminal defense attorneys to learn more about your options and how we can best help you.

What are the different types of assault charges in New Jersey?

There are many different kinds of assault that vary in both their severity and consequences. An individual can still face serious charges and penalties even if he or she did not cause actual physical harm. A failed assault attempt can still end in criminal charges in addition to other threats that cause victims to fear for their safety.
In New Jersey, assault charges are a criminal offense as defined in accordance with N.J.S.A 2C:12-1.

It’s important to understand the difference between assault and battery. Though many often use these terms interchangeably, it’s critical to understand that these are separate criminal offenses with distinct definitions.

Assault occurs when someone puts another person in reasonable fear of imminent harm, serious bodily injury, or threats, while battery is unlawful or offensive physical contact. Essentially, battery involves actual contact, and the form is often charged as an aggravated assault charge in New Jersey.

Most common assault charges in New Jersey

• Simple assault: This kind of assault refers to when a person attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or negligently causes bodily injury to another with a deadly weapon; or attempts by physical menace to instill fear of imminent serious bodily injury. Typically, these charges do not have as harsh consequences because they do not usually include a weapon and cause little harm.
  • As a low-level offense, simple assault is classified as a disorderly persons offense and is handled in municipal court. The penalties for a simple assault charge include up to 6 months in jail and/or a fine of up to $1,000, as well as potential probation, court costs, and additional surcharges.
• Aggravated assault: If an individual purposely or knowingly causes injury to another individual, uses a deadly weapon, or commits an assault against a protected individual (such as a peace officer acting in their official duty), it will fit under this category.
  • With this charge, which is considered an indictable, felony-level crime prosecuted in Superior Court, the consequences are much harsher and can result in up to 10 years or more of imprisonment (depending on the degree charged) and/or a fine of up to $150,000, with mandatory prison required in some instances.

What Are the Potential Defenses to Assault and Battery Accusations?

It’s important to understand that, as with most criminal charges, there are a number of legal defenses you may be able to use if you have been charged with assault or battery in New Jersey. Some of the most commonly raised defenses include:

• Self-Defense: In the event you used force because you had a reasonable belief that you faced an imminent threat of harm, you may be able to argue you acted in self-defense. It’s important to understand that you must show that the amount of force used was necessary to protect yourself and did not exceed what is considered reasonable to escape the interaction. Additionally, you cannot claim self-defense if you initiated the altercation.
• Defense of Others: Similar to self-defense, this applies if you took necessary action to defend another person who was threatened with serious bodily injury or death.
• Defense of Property: In New Jersey, the courts recognize that defense of property is a justification for assault under limited and specific circumstances, including the protection of your home.
• Consent: In some instances, if the alleged victim voluntarily consented to the act, such as through a mutual fighting agreement, consent may be used as a defense. However, it’s critical to note that, because mutual fighting violates public policy, participants may still be punished in accordance with assault and battery laws.

What Penalties Can You Face Beyond Jail Time in Bergen County?

In Bergen County communities like Glen Rock, Hackensack, and Paramus, an assault conviction can carry long-term consequences that can ultimately impact your finances, freedom, and even your potential career opportunities. Unfortunately, many assume that once they serve their court-imposed sentence, their life will return to normal, which is far from the truth, as the following are some of the most common consequences you can experience following an assault conviction:

• Financial Impacts: The total cost of defending an assault charge combined with mandatory court fines, assessment fees, and surcharges can reach thousands.
• Probation Requirements: Courts may order regular reporting to a probation officer, travel restrictions, curfews, and strict adherence to boundary limits.
• Mandatory Programs: You may be subjected to mandatory enrollment and participation in anger management classes, psychological counseling, or substance abuse treatment programs as part of a plea deal or sentence.
• Criminal Record Impact: A criminal record will appear on background checks, which may ultimately impact your ability to secure housing or employment. In some cases, you may be disqualified from obtaining federal student loans if you have a record.
• Immigration Consequences: An assault conviction in New Jersey can have lasting impacts on immigration for both visa-holders and other non-citizens. This may result in the denial of pending immigration applications, the cancellation of visas, and the initiation of removal proceedings.

Can Assault Charges Be Reduced or Dismissed?

Depending on the evidence available, any constitutional violations that have occurred, or mitigating factors, you may be eligible to have the charges against you reduced or even dropped through the following measures:

• Weak or Insufficient Evidence: If the prosecution is unable to prove you are guilty beyond a reasonable doubt, whether due to lack of credible evidence, conflicting statements, or other factors, the charges against you may be dropped as a result.
• Victim Cooperation Changes: While the prosecution is ultimately responsible for making the charging decisions against a defendant independently, they may weigh an alleged victim’s formal request for a dismissal of charges.
• Successful Program Completion: Demonstrating proactive rehabilitation, such as completing an anger management or counseling program, can influence alternative resolutions.
• Negotiated Plea Agreements: An experienced criminal defense attorney may be able to help negotiate reduced charges, such as lowering a charge from an indictable aggravated assault offense to a municipal-level simple assault offense, ultimately securing alternative sentencing options rather than incarceration.

What is the No Early Release Act?

Those who have been convicted of violent crimes in New Jersey are generally subject to the state’s No Early Release Act (NERA). Under this law, those who have been convicted of certain violent crimes are required to serve at least 85 percent of their time before they are eligible to request parole. Aggravated assault is a qualifying violent crime under NERA.

If you are in this situation, it is in your best interest to reach out to our firm today and retain the services of an experienced New Jersey criminal defense attorney who can fight on your behalf. Our legal team understands that your life is on the line, and we will do everything we can to protect you and your future.

Contact our Firm

If you are facing criminal charges in New Jersey, you need strong legal defense. Contact the Law Office of Carl Spector for dedicated representation. With over 30 years of experience as both a prosecutor and criminal defense attorney, he offers a unique perspective on how both sides think and how to best approach each aspect of the case. When your future is on the line, don’t settle for less than the best possible legal representation. Contact an experienced New Jersey criminal defense attorney who will aggressively fight for you. Call today for a free confidential consultation. Let our experience work for you.