What Degree Is Assault in New Jersey? Simple vs. Aggravated Assault Explained
In New Jersey, simple assault is a disorderly persons offense, roughly the equivalent of a misdemeanor, while aggravated assault is an indictable crime of the second, third or fourth degree, the equivalent of a felony. Simple assault under N.J.S.A. 2C:12-1(a) carries up to 6 months in jail and a $1,000 fine, and it drops to a petty disorderly persons offense if it happened in a fight both people agreed to. Aggravated assault under N.J.S.A. 2C:12-1(b) ranges from a fourth-degree crime (up to 18 months) to a second-degree crime (5 to 10 years in state prison). The degree depends on the injury, whether a weapon was involved and who the alleged victim was.
Not a felonySimple assault is a disorderly persons offense, like a misdemeanor
2nd to 4thDegrees of aggravated assault
5 to 10 yrsSecond-degree aggravated assault, with NERA
ExpungeableMost assault convictions, after a waiting period
| Question | Short answer |
|---|---|
| What law covers assault? | N.J.S.A. 2C:12-1 (simple assault in subsection a, aggravated assault in subsection b) |
| Is simple assault a felony? | No. It is a disorderly persons offense, the equivalent of a misdemeanor, heard in municipal court. A conviction still goes on your criminal record |
| Lowest assault charge | Simple assault in a mutual fight: a petty disorderly persons offense, up to 30 days and $500 |
| Most serious assault charge | Second-degree aggravated assault: 5 to 10 years, up to $150,000, and 85% parole ineligibility under NERA |
| Does it go on your record? | A conviction does. Charges dismissed outright or ending in acquittal are generally expunged automatically, and most assault convictions can be expunged later |
| Diversion options | Conditional dismissal for many simple assault charges; Pretrial Intervention (PTI) for many aggravated assault charges |
What Degree Is Assault in New Jersey? The Grading Chart
The chart below lists the main categories in N.J.S.A. 2C:12-1, with the jail or prison ranges from N.J.S.A. 2C:43-6 and 2C:43-8 and the maximum fines from N.J.S.A. 2C:43-3.
Petty disorderly personsMutual fight: up to 30 days, $500
Disorderly personsSimple assault: up to 6 months, $1,000
Fourth degreeAggravated assault: up to 18 months, $10,000
Third degreeAggravated assault: 3 to 5 years, $15,000
Second degreeAggravated assault: 5 to 10 years, $150,000, NERA 85%
| Type of assault | Degree | Possible prison or jail | Max fine |
|---|---|---|---|
| Simple assault in a fight or scuffle entered into by mutual consent | Petty disorderly persons offense | Up to 30 days | $500 |
| Simple assault: causing or attempting bodily injury, negligent injury with a deadly weapon, or physical menace (a(1)-(3)) | Disorderly persons offense | Up to 6 months | $1,000 |
| Recklessly causing bodily injury with a deadly weapon (b(3)) | Fourth degree | Up to 18 months | $10,000 |
| Knowingly pointing a firearm at someone, loaded or not, with extreme indifference to human life (b(4)) | Fourth degree | Up to 18 months | $10,000 |
| Simple assault on a protected person (police officer, firefighter, teacher, health care worker, retail employee and others), no bodily injury (b(5)) | Fourth degree | Up to 18 months | $10,000 |
| Simple assault on a protected person causing bodily injury (b(5)) | Third degree | 3 to 5 years | $15,000 |
| Purposely or knowingly causing, or attempting, bodily injury with a deadly weapon (b(2)) | Third degree | 3 to 5 years | $15,000 |
| Causing or attempting significant bodily injury (b(7)) | Third degree | 3 to 5 years | $15,000 |
| Knowingly pointing or displaying a firearm at a law enforcement officer, with extreme indifference to human life (b(9)) | Third degree | 3 to 5 years | $15,000 |
| Causing or attempting significant bodily injury to a domestic violence victim (b(12)) | Third degree | 3 to 5 years | $15,000 |
| Causing or attempting serious bodily injury (b(1)) | Second degree | 5 to 10 years, NERA applies | $150,000 |
| Assault on a police officer causing serious bodily injury (b(5)) | Second degree | 5 to 10 years, NERA applies | $150,000 |
| Causing bodily injury while eluding police (b(6)) | Second degree | 5 to 10 years, NERA applies | $150,000 |
| Strangulation of a domestic violence victim (b(13)) | Second degree | 5 to 10 years, NERA applies | $150,000 |
Swipe the chart sideways to see every column.
The injury words have specific meanings under N.J.S.A. 2C:11-1. Bodily injury means physical pain, illness or any impairment of physical condition, so a slap or shove that causes pain can qualify. Significant bodily injury means a temporary loss of the function of a body part or organ, or of one of the five senses. Serious bodily injury means an injury that creates a substantial risk of death, serious permanent disfigurement or a protracted loss of function. The charged degree often turns on how the injury is described in the police report and medical records.
Is Assault a Felony in New Jersey?
New Jersey does not use the words felony and misdemeanor. Instead, it has indictable crimes (first through fourth degree) and lower-level disorderly persons and petty disorderly persons offenses. Disorderly persons offenses are roughly the equivalent of misdemeanors. Under N.J.S.A. 2C:1-4(b), they are not indictable crimes, so there is no grand jury indictment or jury trial for them, but a conviction is still part of your criminal record.
So simple assault is not a felony. It is heard in municipal court before a judge. Aggravated assault is an indictable crime, prosecuted in Superior Court, and it is what most people mean when they ask whether an assault charge makes you a felon. A conviction for any degree of aggravated assault is a criminal conviction. See indictable vs. municipal court charges.
Simple assault
- Disorderly persons offense, like a misdemeanor
- Municipal court, judge only
- Up to 6 months and $1,000
- Conditional dismissal often available
Aggravated assault
- Indictable crime, 2nd to 4th degree
- Superior Court, grand jury and jury trial
- Up to 10 years and $150,000
- PTI may be available
New Jersey also has no separate crime called battery. What other states call assault and battery, such as hitting someone and causing pain, is charged in New Jersey as assault under N.J.S.A. 2C:12-1.
What Is the Lowest Charge of Assault?
The lowest form of assault is simple assault committed in a fight or scuffle entered into by mutual consent. That makes it a petty disorderly persons offense, with a maximum of 30 days in jail and a $500 fine, the lowest grade in the Code. New Jersey’s model jury charge says that when the evidence reasonably suggests a mutual fight, the State must prove beyond a reasonable doubt that it was not one.
Otherwise, the first level of assault is simple assault as a disorderly persons offense. Self-defense is a complete defense, not just a way to lower the grade. See our page on New Jersey self-defense laws.
What Is the Lowest Sentence You Can Get for Assault?
The lowest outcome is no conviction at all: a dismissal, an acquittal or a diversion program. If there is a conviction for simple assault, there is no mandatory jail. The judge can impose a fine, probation or a short jail term up to the statutory maximum.
For aggravated assault, N.J.S.A. 2C:44-1(e) creates a presumption against imprisonment for a person with no prior convictions who is convicted of a third- or fourth-degree crime. It does not apply to a domestic violence assault under 2C:12-1(b)(12), or when the court finds certain aggravating factors. With those exceptions, probation is often a realistic goal for a first-time third- or fourth-degree defendant. Read more in can I get probation for my criminal case in NJ.
What Is the Longest You Can Go to Jail for Assault?
The worst ordinary punishment for aggravated assault is a second-degree sentence of 5 to 10 years in state prison. For first- and second-degree crimes, N.J.S.A. 2C:44-1(d) presumes a prison sentence unless the judge finds that prison would be a serious injustice.
Second-degree aggravated assault is also covered by the No Early Release Act, N.J.S.A. 2C:43-7.2, which lists aggravated assault under 2C:12-1(b) among its offenses. NERA requires the defendant to serve 85% of the sentence before parole eligibility, followed by three years of parole supervision. On a 7-year sentence, that means nearly 6 years before parole. Downgrading a second-degree charge is often the key goal.
Do Assault Charges Go on Your Record?
Yes. An open charge appears on your record, and a conviction for simple or aggravated assault stays there until it is expunged. That includes simple assault, even though it is a disorderly persons offense rather than an indictable crime. Here is how assault charges can go away:
- Dismissal or acquittal. Under N.J.S.A. 2C:52-6, the court orders the records expunged automatically when the case ends, unless the dismissal was part of a plea to another charge.
- Conditional dismissal. Under N.J.S.A. 2C:43-13.1, a first-time defendant charged with a disorderly persons offense can apply. You plead or are found guilty, no conviction is entered, and the charge is dismissed after a period of probation. It is not available for offenses involving domestic violence or an offense against an elderly, disabled or minor person. Learn about the conditional dismissal program.
- Pretrial Intervention (PTI). PTI is the diversion program for indictable charges. Under Court Rule 3:28-1, a defendant charged with a crime that carries a presumption of incarceration, such as second-degree aggravated assault, needs the prosecutor’s consent for the application to be considered. See our overview of New Jersey diversionary programs.
- Expungement after a conviction. A simple assault conviction can generally be expunged five years after the conviction, payment of fines, probation or release, whichever is latest (N.J.S.A. 2C:52-3). Aggravated assault is not on the list of crimes that can never be expunged, and an indictable conviction can generally be expunged after five years (N.J.S.A. 2C:52-2). Both statutes allow earlier petitions in some cases. After conditional dismissal or PTI, you wait six months from the dismissal order. Details are in our guide to expungement eligibility and waiting periods.
Related reading
Frequently Asked Questions
Is simple assault a felony in NJ?
No. Simple assault is a disorderly persons offense, or a petty disorderly persons offense for a mutual fight. These are roughly the equivalent of misdemeanors, not indictable crimes, but a conviction still goes on your criminal record.
Does an assault charge make you a felon in New Jersey?
A simple assault conviction does not. It is a disorderly persons offense, roughly the equivalent of a misdemeanor, though it still appears on your criminal record. A conviction for aggravated assault, which is a crime of the second, third or fourth degree, is an indictable criminal conviction, the New Jersey equivalent of a felony.
Do you go to jail for a first-time simple assault charge in NJ?
Jail is possible, up to 6 months, but it is not mandatory. Many first-time cases end in a dismissal, a downgrade, a fine or probation, and conditional dismissal may be available if the case does not involve domestic violence.
Do assault charges ever go away?
Yes. A charge dismissed outright is generally expunged automatically, a diversion program can end in dismissal with expungement available six months later, and most assault convictions can be expunged after a waiting period, generally five years.
What is the most serious assault charge in New Jersey?
Second-degree aggravated assault, such as attempting or causing serious bodily injury. It carries 5 to 10 years in prison, and the No Early Release Act requires serving 85% before parole.
Talk to a New Jersey Lawyer About Your Assault Charge
William Proetta Criminal Law has over 15 years of criminal trial experience defending simple and aggravated assault cases across New Jersey. We look at the injury evidence, video and witness accounts, and push to dismiss, downgrade or divert the charge before anything else. Call (201) 793-8018 for a free, confidential review, 24/7, or contact us online. Se habla español.
