Understanding Simple Assault Charges in New Jersey: What You Need to Know

An argument at a bar or a sports game can quickly escalate, leading to a more serious situation like being charged with simple assault. In New Jersey, simple assault is one of the most common charges and is typically handled in the township municipal court where the allegation is made. If you are not facing more severe charges (such as possession of a weapon), you may receive a summons either in person or by mail with a court date.

If you receive a summons, it is crucial to hire an experienced criminal defense attorney to protect your rights in court. In municipal court, there is no right to a jury trial; a municipal court judge will decide your case after hearing all the evidence.

What is Simple Assault?

According to the New Jersey simple assault statute (N.J.S. 2C:12-1):

A person is guilty of simple assault if the person:

1. Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
2. Negligently causes bodily injury to another with a deadly weapon; or
3. Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is classified as a disorderly person’s offense (like a misdemeanor in other states). If convicted, you could face up to six months in jail and a $1,000 fine. Judges often also order anger management classes along with any fines or probation. If the injury occurs during a mutual fight or scuffle, the charge may be downgraded to a petty disorderly person’s offense.

Breaking Down the Key Terms

To better understand the simple assault statute, here are a few important definitions:

• Bodily injury: Physical pain, illness or any impairment of physical condition. This can range from soreness after being pushed to more serious injuries, but minor contact (such as brushing up against someone during an argument) typically will not qualify. There are limited circumstances where there could be a simple assault even if no pain is felt afterward.
• Serious Bodily Injury: Injury that creates a substantial risk of death, causes permanent disfigurement, or results in the loss or impairment of any bodily function.
• Deadly Weapon: Any weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, can cause death or serious bodily injury. This definition is purposely broad and can include all sorts of items like golf clubs, baseball bats, or even common household objects if used to harm someone.

The Role of Intent in Simple Assault Cases in New Jersey

Simple assault requires that the individual acted purposely, knowingly, or recklessly:

• Purposely: The person intended to engage in the conduct or cause the result.
• Knowingly: The person was aware of their conduct and its potential consequences.
• Recklessly: The person disregarded a substantial and unjustifiable risk that their actions would result in harm. While knowledge involves near certainty, recklessness involves something less than certainty.

Simple Assault vs. Aggravated Assault in New Jersey

While simple assault and aggravated assault are both part of the same statute, aggravated assault is much more serious. It is an indictable (felony) offense, often leading to significant prison time depending on the severity of the injuries involved. For example, aggravated assault occurs when a person purposely causes serious bodily injury or caused such injury with a deadly weapon. Simple assault, in contract, covers instances where a person negligently causes bodily injury with a weapon.

Certain individuals, such as schoolteachers or law enforcement officers, are protected under the law, and assaults against them may result in aggravated assault charges even if the conduct would typically be considered simple assault if the person was acting in their official capacity while assaulted.

Common Defenses Against Simple Assault Charges in New Jersey

There are various defenses to simple assault charges depending on the circumstances of each case. Here are a few examples:

• Self-defense: If you reasonably believed that using force was necessary to protect yourself from harm, this may be a valid defense. However, self-defense is usually not allowed when resisting arrest, even if the officer used force and the arrest ended up being illegal or the charge dismissed.
• Legitimate Use of a Weapon: If the “weapon” was being used for its intended purpose and someone was injured accidentally, this could be a defense. For instance, swinging a golf club on a golf course is a legitimate activity, but swinging it in a parking lot may be considered negligent.
• Misidentification: If you were wrongly identified as the perpetrator, especially in a chaotic situation like a bar fight, proving you were elsewhere at the time can be a strong defense. Or video surveillance showing you had nothing to do with the fight or injury.

A skilled criminal defense attorney in New Jersey will examine the facts of your case and assess the best defense strategy for you.

What to Expect in Municipal Court for a Simple Assault Case

Each municipal court in New Jersey has its own customs and practices but must follow the same rules and law. One example is that some courts permit you to appear virtually, while others still require in person appearances. It’s important to thoroughly read your court notice, and if you are unsure, you should immediately call the number at the top of the notice to double check or speak with your attorney.

Simple assault cases typically require at least two court appearances, and the evidence (discovery) usually consists of a police report and possibly body-worn camera footage or surveillance video. Before proceeding with a plea or trial, it is imperative that you and your attorney review the evidence.

At each court appearance, your attorney will meet with the prosecutor and negotiate the case. There are generally three potential outcomes to a court case:

1. Plea: The defendant pleads guilty to the charge or a lesser offense.
2. Dismissal: The case is dismissed, often if the victim fails to appear after multiple court dates.
3. Trial: The case goes to trial, and the judge renders a verdict of guilty or not guilty after hearing all the evidence.

Sometimes, the charge may be downgraded to a local ordinance violation or harassment, both of which are very low-level offenses in New Jersey. Cases are generally not dismissed in municipal court unless, after repeated court cases, the victim or complainant does not show up to court and the prosecutor is unable to proceed with their case.

The Long-Term Impact of a Simple Assault Conviction in New Jersey

A simple assault conviction can have lasting consequences. It will appear on background checks, potentially affecting your employment, education, professional licenses, and more. While simple assault may seem like a minor offense, it can be perceived as a violent crime by potential employers or institutions. It can also affect your travel plans, such as being stopped by security in an airport or at a boarder crossing.

Can Simple Assault Charges Be Expunged in New Jersey?

Yes, simple assault charges can be expunged in New Jersey after a five-year waiting period from the termination of any probation or resolution of the case, whichever is later. If compelling circumstances exist, the waiting period can be reduced to three years. However, if you have multiple convictions for indictable (felony) offenses, you will have to wait for the ten-year waiting period and apply for what is known as a clean slate expungement. Importantly, if you have been convicted of a non-expungable offense such as robbery, you are ineligible for any sort of expungement in New Jersey.

Simple Assault and Domestic Violence in New Jersey

When an allegation of simple assault is part of a domestic violence case, the situation becomes more complex. The Prevention of Domestic Violence Act protects specific victims and imposes stricter legal procedures, including mandatory arrests and Temporary Restraining Orders (TROs). Normally, a person charged with simple assault would not be taken into custody. However, under the Domestic Violence Act, an arrest is mandatory if the victim “exhibits” any signs of injury. The term “exhibit” is broadly defined to include any indication of bodily injury, such as physical pain or impairment.

If both parties are injured, the responding officer must assess the comparative extent of the injuries, any history of domestic violence, if any, and any other relevant factors they observe or are made aware of.

It is important to note that prosecutors, at both the county and municipal level, take domestic violence allegations very seriously. While a dismissal is not impossible, it can be extremely difficult and complex.

Additionally, if you are charged with a domestic violence-related simple assault, you are not eligible for the conditional dismissal program under N.J.S. 2C:43-13.1.

Temporary Restraining Orders and Their Role in Domestic Violence Simple Assault Cases

When allegations of domestic violence arise, a Temporary Restraining Order (TRO) is often signed the night of the incident. By law, the responding officer must inform the victim of their rights under the Domestic Violence Act, including the right to request a TRO. The officer will provide the following information:

“You have the right to go to court to get an order called a temporary restraining order, also called a TRO, which may protect you from more abuse by your attacker. The officer who handed you this car can tell you how to get a TRO. The kinds of things a judge can order in a TRO may include: (1) that your attacker is temporarily forbidden from entering the home you live in; (2) that our attacker is temporarily forbidden from having contact with you or your relatives; (3) that your attacker is temporarily forbidden from bothering you at work; (4) that your attacker has to pay temporary child support or support for you; (5) that you be given temporary custody of your children; (6) that your attacker pay you back any money you have to spend for medical treatment or repairs because of the violence. There are other things the court can order, and the court clerk will explain the procedure to you and will help you fill out the papers for a TRO. You also have a right to file a criminal complaint against your attacker. The police officer who gave you this paper will tell you how to file a criminal complaint. On weekends, holidays and other times when the courts are closed, you still have a right to get a TRO. The police officer who gave you this paper can help you get in touch with a judge who can give you a TRO.”

The Serious Implications of Domestic Violence-Related Simple Assault Charges

The nuances of the Domestic Violence Act add layers of complexity to even a low-level charge such as simple assault. If you are charged with a domestic violence-related simple assault, it is crucial to contact an experienced criminal defense attorney as soon as possible. These cases are highly sensitive, and without proper legal guidance, much is at stake for your future.

How to Choose the Right Criminal Defense Attorney for a Simple Assault Charge in New Jersey

When facing a simple assault charge, having an experienced attorney can make all the difference in protecting your rights and future. At Lackey & Miller, LLC, our attorneys bring a wealth of knowledge with over 20 years of combined experience as prosecutors, and we’re ready to fight for you!