Assault Laws in New Jersey

Hitting, hurting or threatening someone is charged as assault in New Jersey. Simple assault — attempting to cause or purposely, knowingly or recklessly causing bodily injury, negligently causing bodily injury with a deadly weapon, or attempting by physical menace to put another in fear of imminent serious bodily injury — is a disorderly persons offense (up to 6 months), unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense (§ 2C:12-1(a)). It becomes aggravated assault, an indictable crime, based on the injury, weapon or victim: attempting to cause or causing serious bodily injury is a crime of the second degree (5 to 10 years); attempting to cause or causing significant bodily injury, or causing bodily injury with a deadly weapon, is a crime of the third degree (3 to 5 years) (§ 2C:12-1(b)(1), (2), (7)). Simple assault on a police officer, firefighter, EMT, school employee, health care worker or other listed victim is third degree if the victim suffers bodily injury and otherwise fourth degree (§ 2C:12-1(b)(5)).

New Jersey's rule on court-appointed lawyers: The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. N.J.S. 2A:158A-2, -5, -14, -15.1

Lawyers set their own fees, and New Jersey has rules on how they may charge. See hiring a criminal defense lawyer in New Jersey for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Jersey: Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). N.J.S. 2A:162-15 to -19, -25 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Jersey expungement and record sealing rules.