Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCLast reviewed . Law current as of October 2026.
Simple assault under N.J.S.A. 2C:12-1(a) is a disorderly persons offense (up to 6 months in jail), heard in municipal court. Aggravated assault under 2C:12-1(b) is an indictable crime; for example, strangling a domestic violence victim is second degree. The difference turns on the injury, the intent, and the circumstances.
Key takeaways
- Simple assault is usually a disorderly persons offense: up to 6 months in jail and a $1,000 fine.
- A fight entered into by mutual consent is a petty disorderly persons offense.
- A domestic assault charge often comes with a separate restraining order case.
What is simple assault?
A person commits simple assault by attempting to cause, or purposely, knowingly, or recklessly causing, bodily injury to another; negligently causing bodily injury with a deadly weapon; or attempting by physical menace to put another in fear of imminent serious bodily injury. "Bodily injury" means physical pain, illness, or any impairment of physical condition, so a visible injury is not required.
Is simple assault a misdemeanor in NJ, and what's the penalty?
| Conduct | Grade | Court |
|---|---|---|
| Simple assault | Disorderly persons offense (up to 6 months, $1,000) | Municipal |
| Simple assault in a fight or scuffle entered into by mutual consent | Petty disorderly persons offense (up to 30 days, $500) | Municipal |
| Aggravated assault causing significant bodily injury | Third-degree crime | Superior |
| Aggravated assault causing or attempting serious bodily injury | Second-degree crime | Superior |
| Strangulation of a domestic violence victim, 2C:12-1(b)(13) | Second-degree crime | Superior |
How is a domestic simple assault charge defended?
- Self-defense or defense of another
- No bodily injury or no intent
- Mutual combat (reduces the grade)
- Credibility and inconsistent accounts
- Video, 911 recordings, and medical records
Related guides
- After a domestic violence arrest
What happens after a domestic violence arrest in New Jersey: mandatory arrest rules, release decisions and no-contact conditions, detention hearings, weapons seizure, and the separate TRO.
- Harassment and terroristic threats
How New Jersey defines and grades harassment and terroristic threats, why they are the most common restraining order allegations, and how they are defended.
- Gun seizure after a DV call
When New Jersey police must seize weapons, firearm ID cards and purchase permits after a domestic violence incident under N.J.S.A. 2C:25-21(d), the prosecutor's 45-day deadline, and the return hearing.
- Aggravated assault (2C:12-1b)
How N.J.S.A. 2C:12-1(b) defines aggravated assault, which conduct is second, third or fourth degree, assaults on officers and protected workers, strangulation in domestic violence cases, and the court process.
Frequently asked questions
Is simple assault a crime in New Jersey?
Technically no. It is a disorderly persons offense, not a crime under the Code, but it can still mean jail of up to 6 months and a record.
Do I need a visible injury for an assault charge?
No. Bodily injury includes physical pain, and an attempt can be enough.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
