Apart from being one of the more commonly charged offenses in municipal court, simple assault presents numerous interesting legal issues that are not normally found among disorderly persons' offenses. First, unlike most other offenses, simple assaulted contains four possible culpability states. A person can violate the provisions of N.J.S.A. 2C:12-1(a) by acting either, purposefully, knowingly, recklessly or negligently. In addition, unlike the vast majority of disorderly persons' violations, one may be found guilty of attempting to commit the offense of simple assault. It may be committed with a deadly weapon or with no weapon at all. It may involve bodily injury or no injury at all. Finally, not only does simple assault have within its elements a lesser-included offense that is a petty disorderly persons' offense, but simple assault itself may sometimes be graded as a petty disorderly persons violation or a crime.
Given the wide application of the charge, it is not surprising that simple assault complaints make up a large part of the municipal court's criminal docket. The offense is often charged as an act of domestic violence, or as part of a police/citizen encounter, as part of a drunken confrontation, a hot-blooded argument or in countless other ways. Thus, it becomes the function of the municipal court to provide a forum to resolve these cases before the violence escalates.
With this in mind, the following sections will detail the intricate and varied elements of simple assault in municipal court.
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.
Please do not underestimate how serious a simple assault charge is. Do not make the mistake of making any statement to the police or your accuser without an attorney present. You may make mistakes that will have long-lasting consequences for your family and your financial well-being. If you would like to speak with an attorney, please contact the Ibrahim Law Offices and arrange a free consultation. We defend individuals charged with simple assault throughout NJ, including Passaic County, Hudson County, Union County, Essex County and Morris County.