New jersey criminal charge
Assault in New jersey
Current through 2026 New Jersey legislative session
Assault is a criminal offense under New jersey law, defined by N.J.S.A. 2C:12-1. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:12-1.
What is the penalty for assault in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (no statutory minimum) (Simple assault (default) — Simple assault under subsection a. is a disorderly persons offense in general cases.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Simple assault (default) — Simple assault under subsection a. is a disorderly persons offense in general cases.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 30 days (no statutory minimum) (Simple assault (mutual fight/scuffle) — Simple assault is a petty disorderly persons offense when committed in a fight or scuffle entered into by mutual consent.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 500 usd (no statutory minimum) (Simple assault (mutual fight/scuffle) — Simple assault is a petty disorderly persons offense when committed in a fight or scuffle entered into by mutual consent.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | 5 years to 10 years (Aggravated assault — paragraphs (1) and (6) — Applies to attempts/causing serious bodily injury (para.1) or causing bodily injury while fleeing/eluding police or DUI (para.6).; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Aggravated assault — paragraphs (1) and (6) — Applies to attempts/causing serious bodily injury (para.1) or causing bodily injury while fleeing/eluding police or DUI (para.6).; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Aggravated assault — paragraphs (2), (7), (9), (10) — Applies to causing bodily injury with deadly weapon, significant bodily injury, pointing firearm at officer, or pointing imitation firearm at officer.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Aggravated assault — paragraphs (2), (7), (9), (10) — Applies to causing bodily injury with deadly weapon, significant bodily injury, pointing firearm at officer, or pointing imitation firearm at officer.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Aggravated assault — paragraphs (3) and (4) — Applies to reckless bodily injury with deadly weapon or knowingly pointing a firearm at another under extreme indifference.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Aggravated assault — paragraphs (3) and (4) — Applies to reckless bodily injury with deadly weapon or knowingly pointing a firearm at another under extreme indifference.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Aggravated assault — paragraph (5) with bodily injury — Simple assault committed on a protected class of victims (officers, firefighters, etc.) is third degree if the victim suffers bodily injury.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Aggravated assault — paragraph (5) with bodily injury — Simple assault committed on a protected class of victims (officers, firefighters, etc.) is third degree if the victim suffers bodily injury.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Aggravated assault — paragraph (5) without bodily injury — Assault on protected persons under paragraph (5) is fourth degree when the victim does not suffer bodily injury.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Aggravated assault — paragraph (5) without bodily injury — Assault on protected persons under paragraph (5) is fourth degree when the victim does not suffer bodily injury.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Aggravated assault — subparagraph (g) of paragraph (5) — Assault on a motorbus operator, supervisor, or rail passenger employee is always third degree.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Aggravated assault — subparagraph (g) of paragraph (5) — Assault on a motorbus operator, supervisor, or rail passenger employee is always third degree.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Aggravated assault of law enforcement officer with serious bodily injury — Assault on a law enforcement officer under subparagraph (a) is elevated to second degree if it results in serious bodily injury.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Aggravated assault of law enforcement officer with serious bodily injury — Assault on a law enforcement officer under subparagraph (a) is elevated to second degree if it results in serious bodily injury.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Aggravated assault — paragraph (8) bodily injury — Causing bodily injury to emergency personnel via fire/explosion offense is third degree if bodily injury results.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Aggravated assault — paragraph (8) bodily injury — Causing bodily injury to emergency personnel via fire/explosion offense is third degree if bodily injury results.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Aggravated assault — paragraph (8) significant/serious bodily injury — Same fire/explosion-related assault on emergency personnel is second degree if significant or serious bodily injury results.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Aggravated assault — paragraph (8) significant/serious bodily injury — Same fire/explosion-related assault on emergency personnel is second degree if significant or serious bodily injury results.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Aggravated assault — paragraph (11) laser sighting device — Using a laser sighting device against a law enforcement officer is a third degree crime.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Aggravated assault — paragraph (11) laser sighting device — Using a laser sighting device against a law enforcement officer is a third degree crime.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Aggravated assault — paragraph (12) domestic violence significant injury — Causing significant bodily injury to a domestic violence victim is a third degree crime.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Aggravated assault — paragraph (12) domestic violence significant injury — Causing significant bodily injury to a domestic violence victim is a third degree crime.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Aggravated assault — paragraph (13) domestic violence strangulation — Obstructing breathing or blood circulation of a domestic violence victim is a second degree crime.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Aggravated assault — paragraph (13) domestic violence strangulation — Obstructing breathing or blood circulation of a domestic violence victim is a second degree crime.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Assault by auto or vessel — serious bodily injury (reckless) — Reckless driving causing serious bodily injury under subsection c(1) is fourth degree.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Assault by auto or vessel — serious bodily injury (reckless) — Reckless driving causing serious bodily injury under subsection c(1) is fourth degree.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 6 months (no statutory minimum) (Assault by auto or vessel — bodily injury (reckless) — Reckless driving causing bodily injury under subsection c(1) is a disorderly persons offense.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to 1000 usd (no statutory minimum) (Assault by auto or vessel — bodily injury (reckless) — Reckless driving causing bodily injury under subsection c(1) is a disorderly persons offense.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | 3 years to 5 years (Assault by auto/vessel — DUI serious bodily injury — Driving while intoxicated causing serious bodily injury under subsection c(2) is a third degree crime.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Assault by auto/vessel — DUI serious bodily injury — Driving while intoxicated causing serious bodily injury under subsection c(2) is a third degree crime.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Assault by auto/vessel — DUI bodily injury — Driving while intoxicated causing bodily injury under subsection c(2) is a fourth degree crime.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Assault by auto/vessel — DUI bodily injury — Driving while intoxicated causing bodily injury under subsection c(2) is a fourth degree crime.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Assault by auto/vessel — DUI in school zone serious bodily injury — DUI causing serious bodily injury in or near a school zone or crossing under subsection c(3) is second degree.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Assault by auto/vessel — DUI in school zone serious bodily injury — DUI causing serious bodily injury in or near a school zone or crossing under subsection c(3) is second degree.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Assault by auto/vessel — school zone bodily injury — DUI causing bodily injury in or near a school zone or crossing under subsection c(3) is third degree.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Assault by auto/vessel — school zone bodily injury — DUI causing bodily injury in or near a school zone or crossing under subsection c(3) is third degree.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Assault by auto — aggressive driving serious bodily injury — Purposely driving aggressively causing serious bodily injury under subsection c(4) is third degree.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Assault by auto — aggressive driving serious bodily injury — Purposely driving aggressively causing serious bodily injury under subsection c(4) is third degree.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Assault by auto — aggressive driving bodily injury — Purposely driving aggressively causing bodily injury under subsection c(4) is fourth degree.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Assault by auto — aggressive driving bodily injury — Purposely driving aggressively causing bodily injury under subsection c(4) is fourth degree.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Simple assault on institutionalized elderly person by facility employee — A facility employee committing simple assault (para.1 or 2) on an institutionalized elderly person is a fourth degree crime.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Simple assault on institutionalized elderly person by facility employee — A facility employee committing simple assault (para.1 or 2) on an institutionalized elderly person is a fourth degree crime.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Simple assault in presence of child at youth sports event — Committing simple assault (para.1,2,or3) in the presence of a child under 16 at a school or youth sports event is a fourth degree crime.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Simple assault in presence of child at youth sports event — Committing simple assault (para.1,2,or3) in the presence of a child under 16 at a school or youth sports event is a fourth degree crime.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is assault classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Simple assault (default) | disorderly persons offense | Simple assault under subsection a. is a disorderly persons offense in general cases. | N.J.S.A. 2C:12-1undefined |
| Simple assault (mutual fight/scuffle) | petty disorderly persons offense | Simple assault is a petty disorderly persons offense when committed in a fight or scuffle entered into by mutual consent. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — paragraphs (1) and (6) | crime of the second degree | Applies to attempts/causing serious bodily injury (para.1) or causing bodily injury while fleeing/eluding police or DUI (para.6). | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — paragraphs (2), (7), (9), (10) | crime of the third degree | Applies to causing bodily injury with deadly weapon, significant bodily injury, pointing firearm at officer, or pointing imitation firearm at officer. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — paragraphs (3) and (4) | crime of the fourth degree | Applies to reckless bodily injury with deadly weapon or knowingly pointing a firearm at another under extreme indifference. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — paragraph (5) with bodily injury | crime of the third degree | Simple assault committed on a protected class of victims (officers, firefighters, etc.) is third degree if the victim suffers bodily injury. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — paragraph (5) without bodily injury | crime of the fourth degree | Assault on protected persons under paragraph (5) is fourth degree when the victim does not suffer bodily injury. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — subparagraph (g) of paragraph (5) | crime of the third degree | Assault on a motorbus operator, supervisor, or rail passenger employee is always third degree. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault of law enforcement officer with serious bodily injury | crime of the second degree | Assault on a law enforcement officer under subparagraph (a) is elevated to second degree if it results in serious bodily injury. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — paragraph (8) bodily injury | crime of the third degree | Causing bodily injury to emergency personnel via fire/explosion offense is third degree if bodily injury results. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — paragraph (8) significant/serious bodily injury | crime of the second degree | Same fire/explosion-related assault on emergency personnel is second degree if significant or serious bodily injury results. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — paragraph (11) laser sighting device | crime of the third degree | Using a laser sighting device against a law enforcement officer is a third degree crime. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — paragraph (12) domestic violence significant injury | crime of the third degree | Causing significant bodily injury to a domestic violence victim is a third degree crime. | N.J.S.A. 2C:12-1undefined |
| Aggravated assault — paragraph (13) domestic violence strangulation | crime of the second degree | Obstructing breathing or blood circulation of a domestic violence victim is a second degree crime. | N.J.S.A. 2C:12-1undefined |
| Assault by auto or vessel — serious bodily injury (reckless) | crime of the fourth degree | Reckless driving causing serious bodily injury under subsection c(1) is fourth degree. | N.J.S.A. 2C:12-1undefined |
| Assault by auto or vessel — bodily injury (reckless) | disorderly persons offense | Reckless driving causing bodily injury under subsection c(1) is a disorderly persons offense. | N.J.S.A. 2C:12-1undefined |
| Assault by auto/vessel — DUI serious bodily injury | crime of the third degree | Driving while intoxicated causing serious bodily injury under subsection c(2) is a third degree crime. | N.J.S.A. 2C:12-1undefined |
| Assault by auto/vessel — DUI bodily injury | crime of the fourth degree | Driving while intoxicated causing bodily injury under subsection c(2) is a fourth degree crime. | N.J.S.A. 2C:12-1undefined |
| Assault by auto/vessel — DUI in school zone serious bodily injury | crime of the second degree | DUI causing serious bodily injury in or near a school zone or crossing under subsection c(3) is second degree. | N.J.S.A. 2C:12-1undefined |
| Assault by auto/vessel — school zone bodily injury | crime of the third degree | DUI causing bodily injury in or near a school zone or crossing under subsection c(3) is third degree. | N.J.S.A. 2C:12-1undefined |
| Assault by auto — aggressive driving serious bodily injury | crime of the third degree | Purposely driving aggressively causing serious bodily injury under subsection c(4) is third degree. | N.J.S.A. 2C:12-1undefined |
| Assault by auto — aggressive driving bodily injury | crime of the fourth degree | Purposely driving aggressively causing bodily injury under subsection c(4) is fourth degree. | N.J.S.A. 2C:12-1undefined |
| Simple assault on institutionalized elderly person by facility employee | crime of the fourth degree | A facility employee committing simple assault (para.1 or 2) on an institutionalized elderly person is a fourth degree crime. | N.J.S.A. 2C:12-1undefined |
| Simple assault in presence of child at youth sports event | crime of the fourth degree | Committing simple assault (para.1,2,or3) in the presence of a child under 16 at a school or youth sports event is a fourth degree crime. | N.J.S.A. 2C:12-1undefined |
Common questions about assault in New jersey
What degree of offense is assault in New Jersey?
It depends on the circumstances: assault ranges from a petty disorderly persons offense to a crime of the second degree in New Jersey under N.J.S.A. 2C:12-1.
Simple assault (default): disorderly persons offense (N.J.S.A. 2C:12-1) · Simple assault (mutual fight/scuffle): petty disorderly persons offense (N.J.S.A. 2C:12-1) · Aggravated assault — paragraphs (1) and (6): crime of the second degree (N.J.S.A. 2C:12-1) · Aggravated assault — paragraphs (2), (7), (9), (10): crime of the third degree (N.J.S.A. 2C:12-1) · Aggravated assault — paragraphs (3) and (4): crime of the fourth degree (N.J.S.A. 2C:12-1) · Aggravated assault — paragraph (5) with bodily injury: crime of the third degree (N.J.S.A. 2C:12-1) · Aggravated assault — paragraph (5) without bodily injury: crime of the fourth degree (N.J.S.A. 2C:12-1) · Aggravated assault — subparagraph (g) of paragraph (5): crime of the third degree (N.J.S.A. 2C:12-1) · Aggravated assault of law enforcement officer with serious bodily injury: crime of the second degree (N.J.S.A. 2C:12-1) · Aggravated assault — paragraph (8) bodily injury: crime of the third degree (N.J.S.A. 2C:12-1) · Aggravated assault — paragraph (8) significant/serious bodily injury: crime of the second degree (N.J.S.A. 2C:12-1) · Aggravated assault — paragraph (11) laser sighting device: crime of the third degree (N.J.S.A. 2C:12-1) · Aggravated assault — paragraph (12) domestic violence significant injury: crime of the third degree (N.J.S.A. 2C:12-1) · Aggravated assault — paragraph (13) domestic violence strangulation: crime of the second degree (N.J.S.A. 2C:12-1) · Assault by auto or vessel — serious bodily injury (reckless): crime of the fourth degree (N.J.S.A. 2C:12-1) · Assault by auto or vessel — bodily injury (reckless): disorderly persons offense (N.J.S.A. 2C:12-1) · Assault by auto/vessel — DUI serious bodily injury: crime of the third degree (N.J.S.A. 2C:12-1) · Assault by auto/vessel — DUI bodily injury: crime of the fourth degree (N.J.S.A. 2C:12-1) · Assault by auto/vessel — DUI in school zone serious bodily injury: crime of the second degree (N.J.S.A. 2C:12-1) · Assault by auto/vessel — school zone bodily injury: crime of the third degree (N.J.S.A. 2C:12-1) · Assault by auto — aggressive driving serious bodily injury: crime of the third degree (N.J.S.A. 2C:12-1) · Assault by auto — aggressive driving bodily injury: crime of the fourth degree (N.J.S.A. 2C:12-1) · Simple assault on institutionalized elderly person by facility employee: crime of the fourth degree (N.J.S.A. 2C:12-1) · Simple assault in presence of child at youth sports event: crime of the fourth degree (N.J.S.A. 2C:12-1)
What are the penalties for assault in New Jersey?
Which New Jersey statute covers assault?
Assault is governed by N.J.S.A. 2C:12-1 (Assault).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.