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assault

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.

In New Jersey, assault is codified under N.J.S.A. 2C:12-1 and is defined as either attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another; negligently causing bodily injury to another with a deadly weapon; or attempting by physical menace to put another in fear of imminent serious bodily injury. New Jersey law distinguishes between simple assault and aggravated assault, with the latter being a more serious offense that may involve significant bodily injury, use of a deadly weapon, or assault against certain protected classes of people, such as police officers or teachers. Simple assault is generally considered a disorderly persons offense, while aggravated assault can range from a fourth-degree to a second-degree crime, depending on the circumstances. It is important to note that in New Jersey, the term 'assault' encompasses what some other jurisdictions might refer to as 'assault and battery,' meaning that actual physical contact is not necessary for a charge of assault; the attempt or threat is sufficient.

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Understanding Assault vs. Battery

The distinctions between assault and battery can be nuanced, and the circumstances surrounding the incident can significantly influence the charges and potential outcomes.

State Statutes

New-Jersey State Code

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assault