NJ Simple Assault in Municipal Court
NJ Simple Assault 2C:12-1(a) Penalties for 2022
Jail : Up to 180 Days in Jail*
Fine : Up to $1000 Fine
Other Penalties : The judge in his/her discretion may also order the offender to serve community service, pay restitution, serve time on probation and attend counseling and or anger management classes. Licensed Professionals such as doctors, lawyers, electricians, etc. may face the loss or suspension of their professional license upon a conviction for this offense. *(If the assault is committed in a fight or scuffle started by the consent of both parties then penalties for simple assault are lowered to a maximum of 30 days in jail and $500 fine.)
What is a Simple Assault in NJ
Simple Assault in New Jersey is:
- Attempting to cause or purposely, knowingly or recklessly causing bodily injury to another, or
- Negligently causing bodily injury to another with a deadly weapon, or
- Attempts by physical menace to put another in fear of imminent serious bodily injury. For this simple assault offense no actual touching (assault) to the person needs to take place. The assault victim needs only a reasonable fear of serious bodily harm.
Helping Client Get Not Guilty Verdicts For Over 25 Years
NJ Aggravated Assault in County Court
NJ Aggravated Assault: 2C:12-1 Penalties for 2022
(Assault Penalties Depend on Degree of Your NJ Assault Offense the ranges are listed below)
Jail : From 18 months to 10 years
Fines : $10,000 to $150,000
Other Penalties : The judge in his/her discretion may also order the offender to serve community service, pay restitution, serve time on probation and attend counseling and anger management classes. Licensed Professionals such as doctors, lawyers, electricians, etc. may face the loss or suspension of their professional license upon a conviction for this offense. Unlike Simple Assault in certain instances, consent of both parties to start a fight is not a defense to lower the penalties for aggravated assault
What is an Aggravated Assault in NJ
Aggravated Assault in New Jersey is:
- Attempting to, causing, or recklessly causes serious bodily injury to another;
- Committing a simple assault upon a: police officer, fireman or anyone engaged in emergency first aid, any school employee, bus driver or train operator while at work, any employee of DYFS, any Judge, any department of corrections employee and any person employed by a utility company;
- Causes bodily injury to another while fleeing or attempting to elude a law enforcement officer
- Causes injury to another while operating a motor vehicle which was stolen or while driving recklessly this is called assault by auto.
- Points a firearm or an imitation firearm at a law enforcement officer
- Uses or activates a laser sighting system against a law enforcement officer
- Uses a weapon or deadly instrument (example car, hammer or other object) at the time of the assault or attempted assault
- A simple assault which otherwise occurred within 1000 feet of a school or while driving through a school crossing can be charged as an aggravated assault
Attorney Advertisement No Aspect of this Website or the Awards/Accolades mentioned herein have been approved by the Supreme Court of NJ
Click here for a link on the selection methodology of each award
We Fight To Win
Award Winning Defenses and Strategies
To Win a NJ Assault Charge
H. Scott Aalsberg has been selected by the National Trial Lawyers Association as one of the Top 100 Trial Lawyers 9 years in a row 2014-2022. Attorney Aalsberg has appeared on ABC News 20/20, WCBS, WABC and WNBC News. He has also been interviewed by the NJ Star Ledger and NJ Law Journal for commentary on cases.
You Don't Need to Hit Someone to be Charged With Assault in NJ:
If you hit, or attempt to hit someone in New Jersey you could be found guilty of an assault charge. An assault charge in New Jersey is one of the very few offenses in which you can be charged with an "attempt to commit the offense" even if you never actually committed the offense. Thus, every assault charge needs the best representation. No matter what type of assault you are charged with (simple or aggravated) in New Jersey you face jail and a criminal record. Although eventually you will get out of jail, most of the consequences of a conviction will last a lifetime and can never be repaired or eliminated. For example, your criminal record for assault in NJ will make it harder to find a job, and even more expensive to get car insurance. Many defenses exist to an assault charge, but you must take the first step and call our office at 1-800-9-RIGHTS and setup a free in office consultation. The consultation is free, the results could be priceless.
If your Assault Charge was filed by the Police and you were Arrested and Charged
The Fact that the victim did not want, request or ask the charges to be filed, does not stop your prosecution for an Assault in NJ. The Fact that victim now wants your charges to be dropped or dismissed, does not stop your prosecution for an Assault in NJ. When charges are filed by the Police the victim is the State of NJ. It is the State of NJ vs. You. NOT You vs. the Victim. Even if the victim asks the court to drop the charges the court and the prosecutor may still proceed with your prosecution.
NJ Simple Assault Defenses for 2C:12-1(a)
Simple Assault Defenses in New Jersey
Many defenses to simple assault exist but must be presented properly and pursuant to court rules thus the need for an experienced NJ Assault Lawyer like Attorney H. Scott Aalsberg. Based on your case the defenses include but are not limited to: duress, intoxication, consent, justification, self defense, alibi, and even insanity. In NJ certain defenses for assault require you to serve a written notice of that intention upon the prosecuting attorney prior to trial you cannot just ask the judge. For an alibi defense you must within 10 days after a written demand by the prosecuting attorney, furnish the prosecuting attorney with a signed statement of alibi, specifying the specific place or places at which you claims to have been at the time of the alleged offense, in addition to the names and addresses of the witnesses upon whom you intend to rely to establish the alibi defense. Get the Best Assault Lawyer and Get the Best Defense! Our Proven Winning Strategies can help even the guilty Win!
NJ Aggravated Assault Defenses for 2C:12-1
Aggravated Assault Defenses in New Jersey
Many of the same defenses available in Simple Assault (as noted to the right) are available in Aggravated Assault. However, one additional defense does exist and although consent is not a defense to the charge the defense of mutual fighting in an assault charge can lower the offense grade. Mutual fighting is where both parties agreed to fight each other in advance of the first blow. Compared to simple assault, aggravated assault in NJ puts you in Superior Court. Unlike Municipal Court the court rules are much tougher in Superior Court and if your defenses are not presented properly by an experienced assault lawyer you could be barred from using them. Think of it, even if you have an alibi defense (i.e. Someone else did it) the court may refuse to permit you to present witnesses at trial as to your presence at or absence from the scene of the alleged offense even if you are actually innocent if you didn't file the right notice in a pre-trial. Don't let this happen to you get the experienced lawyer you need. Get Attorney H. Scott Aalsberg with over 22 years of experienced defending NJ Assault cases, you can be assured you will get the best defense possible!
Lawyers Commentary on the Law of Assault Charges in NJ:
Most Assault charges filed in NJ start out with a call to the police by either a family member, friend or lover. This is also called Domestic Violence. The victim calls 911 either for medical assistance or for the police to "break up the fight." In most cases once the police arrive the "victim" and the offender have made up but the police still arrive, separate the parties and file an assault charge many times even against the victims wishes. Unfortunately even if the victim does not want to press charges the police will. The police if they see any injury to any person are obligated to file and press the charges. Many people are under the false assumption that the victim can just go to court and ask the judge to drop the charges. This would be true if this was a civil case. But when you are charged by the police, only the police officer, prosecutor or judge can drop the charges and they will not do so without evidence. If this has happened to you not to worry defenses do exist our head attorney H. Scott Aalsberg, Esq., has a 98%* success rate to win, reduce or eliminate the penalties on all NJ Assault Charges.
Assault charges that would normally be charged as a simple assault (an assault that is either non violent or little harm was done) can be charged as an aggravated assault if the defendant is a member of a protected class. This includes teachers, bus drivers, train operators, firemen and even utility workers. Although the law is tough it's even tougher if you assault a protected class! Get Help 1-800-9-RIGHTS
H. Scott Aalsberg, Esq.
Ranked one of the National Academy of Criminal Defense Attorneys
Top Ten NJ Lawyers 2015-2022
Don't Let the State of NJ Assault You! GET HELP NOW!
The Sooner you start the representation on your criminal assault case The more we can do to help Win or Reduce the Penalties!
Call our office at the first sign of a problem such as when you are contacted by the police, or even think something may happen. Early representation can in many cases head off and defend against a prosecution in the criminal justice system. An indictment or criminal charge can be extremely destructive to your reputation and career. Don't wait until you are formally charged with an assault charge or wait until you get your court date to appear in criminal court. Proactive pre-indictment action can sometimes prevent the assault charges from occurring or even reduce the charges ultimately filed, saving you time and money. Don't wait! Protect your rights and call now for a free private in office consultation with one of our experienced New Jersey Criminal Assault Lawyers.
The call is free but the results can be priceless.
How to Win an Assault Charge in New Jersey
Now that you have read our website its time to win. The best and easiest way to win your NJ Assault Charge is to get the best lawyer. Call 1-800-9-RIGHTS now and learn how we can help you Win!