While harassment and assault in New Jersey can sometimes overlap in terms of behavior, they are legally distinct crimes with different elements, penalties, and defenses.
When it comes to the law in New Jersey, harassment and assault are seen as two distinct crimes. Both offenses involve unwanted behavior towards another person or persons that can cause harm or distress, but they differ significantly in terms of their definitions, legal consequences, and the level of physical contact involved. If you are charged with either harassment or assault, you could be looking at some serious consequences. It is always best to speak with an experienced criminal defense attorney when this is the case.
What is Harassment?
Harassment in New Jersey fall under the legislation found in N.J.S.A. 2C:33-4. It involves behavior that is intended to alarm, annoy, or emotionally distress another person. This could include things like unwanted phone calls, emails, texts, showing up at a person’s place of business or at their home, and many more actions of this nature. Unlike assault, harassment does not necessarily involve physical contact. Instead, it focuses on repeated or threatening actions that create an intimidating or hostile environment for the victim.
Some common examples of harassment that are considered illegal in the state of New Jersey include:
Offensive Communication – This includes making lewd, obscene, or threatening phone calls, texts, emails or even letters, even if no physical threat is present.
Following or Stalking – Repeatedly following someone in either public or private places in a manner that causes fear or distress.
Threatening Behavior – Engaging in conduct that would cause a reasonable person to fear for their safety, even if no physical contact occurs.
Harassment is typically classified as a petty disorderly persons offense, which is a misdemeanor and the lowest level of criminal offense in New Jersey. Penalties for harassment can include:
- Fines of up to $500.
- Up to 30 days in jail.
- Community service or mandatory counseling.
Harassment can lead to more severe consequences if it is part of a domestic violence situation. When this is the case, then the penalty for harassment could include a restraining order as well as other enhanced penalties. If you live in NJ and have been charged with assault you need a criminal defense lawyer on your side, although these charges may not seem huge, then can impact your life in ways such as employment opportunities, education opportunities, or when trying to rent an apartment. If you live in Hammonton, NJ for example, then you’ll want to contact a Hammonton NJ Harassment Lawyer about your case to see what they can do to help.
What is Assault?
Assault is considered a more serious crime in New Jersey, as it involves physical harm or the threat of physical harm to another person. The law distinguishes between two main types of assault, simple assault and aggravated assault. With aggravated assault typically being considered the more serious of the two with more severe consequences.
Simple Assault: Defined under N.J.S.A. 2C:12-1(a), simple assault occurs when a person intentionally causes or attempts to cause bodily injury to another. This can be through punching, kicking, slapping, or some other physical act carried out without a weapon. Simple assault can also occur if someone negligently causes injury with a deadly weapon or threatens physical harm that makes the victim fear immediate injury. Depending on the circumstances of the crime, simple assault is generally considered a misdemeanor of either a petty disorderly persons offense which has penalties of up to 30 days in jail and $500 in fines, or a disorderly persons offense, with penalties including up to 6 months in jail and fines up to $1,000. A person convicted of assault will usually end up with probation as well.
Aggravated Assault: This more serious charge, aggravated assault is defined under N.J.S.A. 2C:12-1(b), and involves causing serious bodily injury, typically by using a weapon during the assault such as a knife or a gun. You can also be charged with aggravated assault if you point a firearm at another person. Simple assault can also be upgraded to aggravated assault if the victim is a law enforcement officer, teacher, or other protected person. Depending on the severity, aggravated assault can be classified as a second, third, or fourth-degree felony crime, with penalties ranging from 18 months to 10 years in prison and fines of up to $150,000.
What Are The Key Differences Between Harassment and Assault?
Although both crimes deal with unwanted aggressive behavior towards another person, there are a number of differences between the two crimes, such as:
- Physical Contact – in harassment cases, there is typically no physical contact, only the threat of contact. The actions tend to be verbal instead, focusing on causing emotional distress or fear. Where assault involves actual physical harm.
- Intent – In harassment cases, the individual being charged is typically trying to annoy, or alarm another person. The behavior is often repetitive and designed to create fear or discomfort and usually requires some sort of planning. In assault cases, the intent is to cause physical harm or involves reckless behavior that results in physical injury. Much of the time assault has occurred due to an exchange in the heat of the moment and there was no premeditation.
- Severity of Offense – Generally speaking, harassment is considered a lesser offense and carries lighter penalties. Assault on the other hand can range from a disorderly persons offense (in the case of simple assault) to a serious indictable felony offense (in the case of aggravated assault) with more severe penalties.
- Legal Consequences – A harassment conviction usually comes with fines, short-term jail sentences, and potentially a restraining order if it is a domestic situation, whereas assault penalties can be much more severe, including long-term imprisonment, significant fines, and a permanent criminal record.
Contact A Defense Lawyer if You Are Charged with Harassment or Assault
While harassment and assault in New Jersey can sometimes overlap in terms of behavior, they are legally distinct crimes with different elements, penalties, and defenses. It’s helpful to understand these differences, especially for anyone involved in a legal case related to these charges. If facing either charge, it is essential to consult with a qualified attorney near you who can provide guidance based on the specifics of your case and help navigate the legal process.
Join the conversation!