If you have been charged with Simple Assault in New Jersey, the criminal defense lawyers at the Iler Law firm can help. Our attorneys represent individuals throughout New Jersey charged with simple assault, aggravated assault, and harassment. Please contact our office immediately for a free initial consultation.
Simple Assault: N.J.S.A. 2C:12-1
In New Jersey, Simple Assault is governed by N.J.S.A. 2C:12-1 which states in pertinent part:
§ 2C:12-1. Assault
a. Simple assault. A person is guilty of assault if he:
(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 a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
Example of New Jersey Simple Assault Law: State v. Stull
Many bar fights, arguments, and domestic violence incidents can lead to simple assault charges. These are typically disorderly persons offenses which result in a permanent criminal record and up to six (6) months in prison if convicted.
A recent Appellate Division decision considered whether a headlock for thirty (30) seconds is sufficient to constitute simple assault, The court held, in State v. Stull, that the evidence was sufficient to satisfy a simple assault charge. State v. Stull, 403 N.J. Super 501 (App. Div. 2008). The defendant was convicted of simple assault and appealed. He argued that the evidence did not show that he caused "physical pain". Under N.J.S.A. 2C:11-1(a), bodily injury (as required in the above simple assault statute) means "physical pain, illness, or any impairment of physical condition". In this case, the defendant placed and held the victim in a headlock for twenty (20) to thirty (30) seconds, squeezed his neck, and yanked and swung him around. At trial, there was no testimony about the victim's pain and he did not sustain bruises or receive treatment for any injuries. The Appellate Division held that the State met its obligation to prove guilt beyond a reasonable doubt through evidence of the defendant's conduct and reasonable inferences based on the evidence as a whole.
If you or a loved one has been charged with Simple Assault in Monmouth County, Ocean County, Middlesex County, Mercer County, or any other county in New Jersey, the Law Offices of Alexander M. Iler can help. Please contact, for a free initial consultation, one of our experienced criminal defense lawyers for immediate assistance.
