New Jersey
New Jersey Assault Laws: Simple vs Aggravated Assault and Penalties
Independently fact-checked against primary sources (last audited October 14, 2026). · 11 primary sources cited on this page. How we verify our legal content
New Jersey does not have a crime called battery. N.J.S.A. 2C:12-1 defines one offense, assault, that covers both causing bodily injury and attempting "by physical menace to put another in fear of imminent serious bodily injury." Simple assault is a disorderly persons offense punishable by up to 6 months in jail, and aggravated assault under 2C:12-1(b) is a crime of the second, third or fourth degree. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers New Jersey's assault statute, N.J.S.A. 2C:12-1, the definitions in 2C:11-1, terroristic threats (2C:12-3), harassment (2C:33-4), the domestic violence definitions in 2C:25-19, the sentencing sections 2C:43-3, 2C:43-6, 2C:43-7.2 and 2C:43-8, and the civil filing period in 2A:14-2. It does not cover self-defense and justification (see New Jersey self-defense laws), domestic violence restraining orders (see New Jersey restraining order laws), sexual offenses, other chapter 12 offenses, federal assault crimes (see the assault and battery hub) or municipal ordinances.
Assault vs. battery in New Jersey
Many states treat assault as a threat and battery as the physical attack. New Jersey puts both under one name. Section 2C:12-1 does not use the word battery; its subsection a. defines simple assault this way:
"a. Simple assault. A person is guilty of assault if the person: (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."
So an attempt to injure, an actual injury, and a physical-menace threat are all assault in New Jersey. Two neighboring offenses cover conduct that falls outside it:
- Harassment by offensive touching. Under N.J.S.A. 2C:33-4(b), a person commits a petty disorderly persons offense if, "with purpose to harass another," the person "subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so." It is a crime of the fourth degree if the person was serving a prison term or was on parole or probation for an indictable offense, or knowingly directs it at a current or former judge in relation to the judge's public duties (2C:33-4(e)).
- Terroristic threats. N.J.S.A. 2C:12-3 makes it a crime of the third degree to threaten to commit any crime of violence with the purpose to terrorize another, among the other purposes it lists (second degree if it occurs during a declared period of national, State or county emergency), or to threaten to kill another "with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out."
How New Jersey grades assault
New Jersey's sentencing sections speak of crimes of the first through fourth degree (2C:43-6), with disorderly persons and petty disorderly persons offenses below them (2C:43-8). They do not use the word felony. Simple assault sits in the disorderly persons tier; aggravated assault is graded as a crime.
| Offense | Statute | What it covers | Grade | Statutory penalty range |
|---|---|---|---|---|
| Harassment (offensive touching) | 2C:33-4(b) | With purpose to harass, striking, kicking, shoving or other offensive touching, or threatening to | Petty disorderly persons offense | Up to 30 days in jail; fine up to $500 |
| Simple assault in a mutual fight | 2C:12-1(a) | Simple assault committed in a fight or scuffle entered into by mutual consent | Petty disorderly persons offense | Up to 30 days in jail; fine up to $500 |
| Simple assault | 2C:12-1(a) | Attempting or purposely, knowingly or recklessly causing bodily injury; negligently causing bodily injury with a deadly weapon; attempting by physical menace to put another in fear of imminent serious bodily injury | Disorderly persons offense | Up to 6 months in jail; fine up to $1,000 |
| Assault by auto or vessel (bodily injury) | 2C:12-1(c)(1) | Driving a vehicle or vessel recklessly and causing bodily injury | Disorderly persons offense | Up to 6 months in jail; fine up to $1,000 |
| Assault by auto or vessel (serious bodily injury) | 2C:12-1(c)(1) | Driving a vehicle or vessel recklessly and causing serious bodily injury | Fourth degree | Up to 18 months in prison; fine up to $10,000 |
| Assault by auto or vessel while intoxicated | 2C:12-1(c)(2), (3) | Reckless driving while violating the drunk-driving law (R.S.39:4-50) or the breath-test refusal law (C.39:4-50.4a) and causing injury | Fourth degree (bodily injury); third degree (serious bodily injury); on or within 1,000 feet of school property or at a school crossing, third degree (bodily injury) and second degree (serious bodily injury) | Up to 18 months (fourth degree), 3 to 5 years (third degree) or 5 to 10 years (second degree) in prison |
| Aggravated assault, fourth degree | 2C:12-1(b)(3), (4), (5) | Recklessly causing bodily injury with a deadly weapon; pointing a firearm at or toward another under circumstances manifesting extreme indifference to human life; simple assault on a listed victim with no bodily injury | Fourth degree | Up to 18 months in prison; fine up to $10,000 |
| Assault on an institutionalized elderly person | 2C:12-1(d) | A facility employee commits simple assault under (a)(1) or (a)(2) on an institutionalized elderly person | Fourth degree | Up to 18 months in prison; fine up to $10,000 |
| Assault at a youth sports event | 2C:12-1(f) | Simple assault in the presence of a child under 16 at a school or community sponsored youth sports event | Fourth degree | Up to 18 months in prison; fine up to $10,000 |
| Aggravated assault, third degree | 2C:12-1(b)(2), (5), (7), (12) and others | Attempting or purposely or knowingly causing bodily injury with a deadly weapon; simple assault on a listed victim causing bodily injury; attempting or causing significant bodily injury; significant bodily injury to a victim of domestic violence | Third degree | 3 to 5 years in prison; fine up to $15,000 |
| Aggravated assault, second degree | 2C:12-1(b)(1), (13) and others | Attempting to cause serious bodily injury, or causing it purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; obstructing the breathing or blood circulation of a victim of domestic violence | Second degree | 5 to 10 years in prison; fine up to $150,000; 85% parole ineligibility on a prison term |
The statute's grading paragraph assigns each part of subsection b. a degree. Aggravated assault under paragraphs (1) and (6) is a crime of the second degree; under (2), (7), (9) and (10), the third degree; and under (3) and (4), the fourth degree. Paragraph (5) is "a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree," except that an aggravated assault under subparagraph (g) (bus and rail workers) is always third degree, and an aggravated assault of a law enforcement officer under subparagraph (a) "resulting in serious bodily injury shall be a crime of the second degree." Paragraph (8) is third degree if the victim suffers bodily injury and second degree with significant or serious bodily injury; paragraph (11) is third degree; paragraph (12) is third degree; and paragraph (13) is second degree. Assault by auto or vessel under subsection c. is also graded higher when the driver purposely drives in an aggressive manner directed at another vehicle: fourth degree if bodily injury results and third degree if serious bodily injury results (2C:12-1(c)(4)).
The ranges come from New Jersey's sentencing sections. N.J.S.A. 2C:43-6(a) sets prison terms of 5 to 10 years for a second-degree crime, 3 to 5 years for third degree, and a term that "shall not exceed 18 months" for fourth degree. N.J.S.A. 2C:43-8 caps jail at 6 months for a disorderly persons offense and 30 days for a petty disorderly persons offense. N.J.S.A. 2C:43-3 caps fines at $150,000 (second degree), $15,000 (third), $10,000 (fourth), $1,000 (disorderly persons) and $500 (petty disorderly persons). These figures are statutory maximums.
Under the No Early Release Act, N.J.S.A. 2C:43-7.2(a), a court imposing incarceration for an enumerated first- or second-degree crime "shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole," and the enumerated crimes include aggravated assault under subsection b. of 2C:12-1.
What makes an assault aggravated in New Jersey?
Subsection b. lists the ways an assault becomes aggravated. Its opening paragraphs cover injury level, weapons and firearms. A person is guilty of aggravated assault if the person:
"(1) Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or (2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or (3) Recklessly causes bodily injury to another with a deadly weapon; or (4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of another, whether or not the actor believes it to be loaded;"
Paragraph (7) covers attempting to cause significant bodily injury, or causing it "purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly." Paragraphs (6) and (8) through (11) of subsection b. cover other specific conduct; their grades are listed above.
Bodily injury, significant bodily injury and serious bodily injury
The grade often depends on how badly someone was hurt. N.J.S.A. 2C:11-1 defines the terms for chapters 11 through 15, "unless a different meaning plainly is required":
- Bodily injury: "physical pain, illness or any impairment of physical condition."
- Significant bodily injury: "bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses."
- Serious bodily injury: "bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
- Deadly weapon: "any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury."
The deadly weapon definition turns on use and appearance, so an everyday object can qualify depending on how it is used or fashioned.
Assaulting a police officer, teacher, nurse or other protected worker
N.J.S.A. 2C:12-1(b)(5) turns a simple assault into aggravated assault when it is committed on a listed person. Each category carries its own condition, usually that the person is performing duties and is in uniform or "clearly identifiable" as doing so. The listed victims are:
- (a) "Any law enforcement officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of authority or because of the officer's status as a law enforcement officer."
- (b) Any paid or volunteer firefighter acting in the performance of duties "while in uniform or otherwise clearly identifiable."
- (c) Any person engaged in emergency first-aid or medical services acting in the performance of duties while in uniform or otherwise clearly identifiable.
- (d) "Any school board member, school administrator, teacher, school bus driver, or other employee of a public or nonpublic school or school board" while clearly identifiable as performing duties "or because of the person's status as a member or employee of a public or nonpublic school or school board."
- (e) Any employee of the Division of Child Protection and Permanency while clearly identifiable as performing duties.
- (f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as performing judicial duties.
- (g) Any operator of a motorbus or the operator's supervisor, or any employee of a rail passenger service, while clearly identifiable as performing duties.
- (h) Department of Corrections employees, county and juvenile correctional police officers, State juvenile facility employees, juvenile detention staff and officers, probation officers, and sheriffs, undersheriffs and sheriff's officers acting in the performance of duties while in uniform or exhibiting evidence of authority.
- (i) Employees of a utility or cable television company, including contract employees, while clearly identifiable as connecting, disconnecting or repairing gas, electric, water, cable television or telecommunication service, or attempting to.
- (j) "Any health care worker employed by a licensed health care facility to provide direct patient care," and any licensed health care professional, while clearly identifiable as providing direct patient care or practicing the profession (direct care workers at State or county psychiatric hospitals, State developmental centers and veterans' memorial homes are covered separately under (k)).
- (k) Direct care workers at those facilities, "provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability."
- (l) "Any employee of a store or other retail mercantile establishment while clearly identifiable as being engaged in the performance of the person's duties."
The grade under paragraph (5) is third degree if the victim suffers bodily injury and fourth degree otherwise, with the two exceptions noted above: bus and rail workers under (g) (always third degree) and law enforcement officers under (a) when serious bodily injury results (second degree).
The statute adds two consequences for assaults on law enforcement officers. A conviction under subparagraph (5)(a) "shall not merge with a conviction for any other criminal offense," and a person charged with aggravated assault of a law enforcement officer under (5)(a) resulting in serious bodily injury "shall be ineligible to apply for admission to a program of supervisory treatment."
Two other subsections protect vulnerable people. Under 2C:12-1(d), a facility employee who commits a simple assault under (a)(1) or (a)(2) on an institutionalized elderly person is guilty of a crime of the fourth degree. Under 2C:12-1(f), a simple assault "in the presence of a child under 16 years of age at a school or community sponsored youth sports event" is a crime of the fourth degree.
Domestic violence assault in New Jersey
New Jersey's assault statute does not create a separate domestic assault offense; it grades two kinds of assault on a victim of domestic violence more severely:
- Significant bodily injury, 2C:12-1(b)(12): attempting or causing significant bodily injury to a person who "meets the definition of a victim of domestic violence." It is a crime of the third degree, "but the presumption of non-imprisonment set forth in subsection e. of N.J.S.2C:44-1 for a first offense of a crime of the third degree shall not apply."
- Strangulation, 2C:12-1(b)(13): knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life, obstructing the breathing or blood circulation of a victim of domestic violence "by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury." Since P.L.2021, c.172 (approved July 12, 2021), the statute grades it as a crime of the second degree; before that it was a crime of the third degree.
The definition of a victim of domestic violence comes from N.J.S.A. 2C:25-19(d). It includes a person 18 or older, or an emancipated minor, subjected to domestic violence by "a spouse, former spouse, or any other person who is a present household member or was at any time a household member," and a person of any age subjected to domestic violence by someone with whom the victim has a child in common, or anticipates having one if one of the parties is pregnant, and any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship. Assault under 2C:12-1 is also one of the acts listed in the definition of domestic violence in 2C:25-19(a), which is the basis for protective orders under the Prevention of Domestic Violence Act; see New Jersey restraining order laws.
Federal law, 18 U.S.C. 922(g)(9), separately makes it unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition in or affecting commerce; the assault and battery hub explains that rule.
Civil lawsuits for assault in New Jersey
A criminal case and a civil lawsuit are separate. The State prosecutes the criminal charge, while a person who was hurt may sue for money damages.
N.J.S.A. 2A:14-2(a) provides that, "Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued." The section does not name assault or battery separately. For other deadlines, see the New Jersey statute of limitations guide.
Related legal issues
- Self-defense. Justification is a separate body of law; see New Jersey self-defense laws.
- Restraining orders. See New Jersey restraining order laws.
- Clearing a record. Whether an assault conviction can be expunged is covered in New Jersey expungement laws.
Related pages
- Assault and battery laws by state
- New Jersey self-defense laws
- New Jersey restraining order laws
- New Jersey expungement laws
- New Jersey statute of limitations
- New York assault and battery laws
- Pennsylvania assault and battery laws
This article provides general legal information about New Jersey assault law, not legal advice. Laws change and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in New Jersey.
Last updated: 2026-10-13.
Frequently Asked Questions
Is there a difference between assault and battery in New Jersey?
New Jersey has no offense called battery. N.J.S.A. 2C:12-1 uses the single name assault for causing or attempting bodily injury and for attempting by physical menace to put someone in fear of imminent serious bodily injury.
Is simple assault a crime in New Jersey?
Simple assault under 2C:12-1(a) is graded as a disorderly persons offense, not as a crime of the first through fourth degree. It carries up to 6 months in jail (2C:43-8) and a fine of up to $1,000 (2C:43-3).
What is aggravated assault in New Jersey?
Aggravated assault under 2C:12-1(b) includes attempting or causing serious bodily injury, causing bodily injury with a deadly weapon, pointing a firearm at another under circumstances manifesting extreme indifference to human life, causing significant bodily injury, and simple assault on listed victims such as officers and teachers. It ranges from a fourth-degree to a second-degree crime.
What happens if you assault a police officer in New Jersey?
Simple assault on a law enforcement officer acting in the performance of duties while in uniform or exhibiting evidence of authority, or because of the officer's status, is aggravated assault under 2C:12-1(b)(5)(a): third degree with bodily injury, fourth degree without it, and second degree if serious bodily injury results.
Is assaulting a teacher or nurse aggravated assault in New Jersey?
Yes, when the statute's conditions are met. Simple assault on a teacher or other school employee while clearly identifiable as performing duties, or on a health care worker providing direct patient care, is aggravated assault under 2C:12-1(b)(5)(d) and (j): third degree with bodily injury, otherwise fourth degree.
Is choking a domestic partner a crime in New Jersey?
N.J.S.A. 2C:12-1(b)(13) makes it aggravated assault to knowingly, or recklessly under circumstances manifesting extreme indifference to human life, obstruct the breathing or blood circulation of a victim of domestic violence by applying pressure on the throat or neck or blocking the nose or mouth, causing or attempting to cause bodily injury. Since P.L.2021, c.172 (approved July 12, 2021), the statute grades it as a crime of the second degree.
What is fourth-degree aggravated assault in New Jersey?
Fourth-degree aggravated assault includes recklessly causing bodily injury with a deadly weapon (2C:12-1(b)(3)), pointing a firearm at another under circumstances manifesting extreme indifference to human life (b)(4), and simple assault on a listed victim that causes no bodily injury (b)(5). A fourth-degree crime carries up to 18 months in prison.
What if both people agreed to fight in New Jersey?
Under 2C:12-1(a), simple assault committed in a fight or scuffle entered into by mutual consent is a petty disorderly persons offense instead of a disorderly persons offense, with up to 30 days in jail and a fine of up to $500.
How long do you have to sue for assault in New Jersey?
N.J.S.A. 2A:14-2(a) generally requires an action for an injury to the person caused by a wrongful act to be commenced within two years after the cause of action accrued. The section does not name assault or battery separately.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Jersey Statutes (Unannotated)
§ 2C:12-1Assault.In force
2C:12-1. Assault. a. Simple assault. A person is guilty of assault if the person: (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. b. Aggravated assault. A person is guilty of aggravated assault if the person: (1) Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or (2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or (3) Recklessly causes bodily injury to another with a deadly weapon; or (4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in subsection f.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:11-1DefinitionsIn force
2C:11-1. Definitions. In chapters 11 through 15, unless a different meaning plainly is required: a. "Bodily injury" means physical pain, illness or any impairment of physical condition; b. "Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ; c. "Deadly weapon" means any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury; d. "Significant bodily injury" means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:43-6Sentence of imprisonment for crime; ordinary terms; mandatory terms.In forcecited in 5 of our articles
2C:43-6. a. Except as otherwise provided, a person who has been convicted of a crime may be sentenced to imprisonment, as follows: (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. b. As part of a sentence for any crime, where the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors, as set forth in subsections a. and b. of 2C:44-1, or the court finds that the aggravating factor set forth in paragraph (5) of subsection a.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 1,095 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Yarbough (Supreme Court of New Jersey 1985, 100 N.J. 627)“…ars imprisonment with a ten-year parole disqualifer. N.J.S.A. 2C:43-6a.(l). The range of sentence for the thi…”
- State v. Kelly (Supreme Court of New Jersey 1984, 97 N.J. 178)“…ce *220 her to a minimum term for a second degree crime. N.J.S.A. 2C:43-6(a)(2); 2C:44-1(f)(1). See State v. R…”
- State v. William A. Case, Jr. (072688) (Supreme Court of New Jersey 2014, 220 N.J. 49)“…factors substantially outweigh the mitigating factors.” N.J.S.A. 2C:43-6(b). Central to the success of thi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Jersey Surveillance Camera Laws (2026 Guide), New Jersey Recording Laws (2026): One-Party Consent Rules, New Jersey Identity Theft Laws: Mandatory Police Reports and Civil Remedies
§ 2C:43-8Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offensesIn forcecited in 2 of our articles
A person who has been convicted of a disorderly persons offense or a petty disorderly persons offense may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall not exceed 6 months in the case of a disorderly persons offense or 30 days in the case of a petty disorderly persons offense.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Also relied on in: New Jersey Theft Laws: Degrees, Penalties and Shoplifting (2026)
§ 2C:43-3Fines and restitutionsIn forcecited in 4 of our articles
2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; e. Any higher amount equal to double the pecuniary gain to the offender or loss to the victim caused by the conduct constituting the offense by the offender. In such case the court shall make a finding as to the amount of the gain or loss, and if the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 62 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Newman (Supreme Court of New Jersey 1993, 132 N.J. 159)“…stitution ordered paid to the victim [to] his loss.” N.J.S.A. 2C:43-3h. Finally, the Code prohibits the impos…”
- State v. Pena (Supreme Court of New Jersey 2004, 178 N.J. 297)“…000 for third-degree receiving stolen property pursuant to N.J.S.A. 2C:43-3b(1). Thus, Professor Singer's approach…”
- State v. Rhoda (New Jersey Superior Court Appellate Division 1986, 206 N.J. Super. 584)“…ine or restitution, or both, could have been ordered under N.J.S.A. 2C:43-3. We will refer shortly to defendant's a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2C:43-7.2Mandatory service of 85 percent of sentence for certain offenses.In forcecited in 2 of our articles
2. a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole. b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3, or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 2,228 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Galicia (Supreme Court of New Jersey 2012, 210 N.J. 364)“…extended sentences under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, require us to revisit Grunow . Th…”
- State v. Smith (Supreme Court of New Jersey 2012, 212 N.J. 365)“…prison, subject to the parole ineligibility provisions of N.J.S.A. 2C:43-7.2. The Appellate Division affirmed defend…”
- State v. Naquan O'neil (072072) (Supreme Court of New Jersey 2014)“…ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and to a concurrent five-year term on…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Is a Life Sentence in New Jersey? (2026 Guide)
§ 2C:33-4Harassment.In force
2C:33-4. Harassment. Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he: a. Makes, or causes to be made, one or more communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person. A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received. d. (Deleted by amendment, P.L.2001, c.443).
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:12-3Terroristic threats.In force
2C:12-3. Terroristic threats. a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred. b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 2C:25-19Definitions.In forcecited in 2 of our articles
3. As used in this act: a. "Domestic violence" means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor: (1) Homicide N.J.S.2C:11-1 et seq. (2) Assault N.J.S.2C:12-1 (3) Terroristic threats N.J.S.2C:12-3 (4) Kidnapping N.J.S.2C:13-1 (5) Criminal restraint N.J.S.2C:13-2 (6) False imprisonment N.J.S.2C:13-3 (7) Sexual assault N.J.S.2C:14-2 (8) Criminal sexual contact N.J.S.2C:14-3 (9) Lewdness N.J.S.2C:14-4 (10) Criminal mischief N.J.S.2C:17-3 (11) Burglary N.J.S.2C:18-2 (12) Criminal trespass N.J.S.2C:18-3 (13) Harassment N.J.S.2C:33-4 (14) Stalking P.L.1992, c.209 (C.2C:12-10) (15) Criminal coercion N.J.S.2C:13-5 (16) Robbery N.J.S.2C:15-1 (17) Contempt of a domestic violence order pursuant to subsection b.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Cited in 445 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Cesare v. Cesare (Supreme Court of New Jersey 1998, 154 N.J. 394)“…d by the statute. N.J.S.A. 2C:25-29(a). N.J.S.A. 2C:25-19(a) specifically defines domestic violen…”
- Silver v. Silver (New Jersey Superior Court Appellate Division 2006, 387 N.J. Super. 112)“…d that there was not "an act of domestic violence here." N.J.S.A. 2C:25-19 provides, in pertinent part: *453…”
- J.D. v. M.D.F. (Supreme Court of New Jersey 2011, 207 N.J. 458)“…found within the New Jersey Code of Criminal Justice. See N.J.S.A. 2C:25-19a. It provides that the commission of a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Jersey Restraining Order Laws (2026): How to Get a TRO or Final Restraining Order
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Sources and References
- N.J.S.A. 2C:12-1, Assault(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:33-4, Harassment(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:12-3, Terroristic threats(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:43-6, Sentence of imprisonment for crime; ordinary terms(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:43-8, Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:43-3, Fines and restitutions(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:43-7.2, No Early Release Act(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:11-1, Definitions (bodily injury, serious bodily injury, deadly weapon, significant bodily injury)(lis.njleg.state.nj.us).gov
- N.J.S.A. 2C:25-19, Prevention of Domestic Violence Act definitions(lis.njleg.state.nj.us).gov
- 18 U.S.C. 922(g)(9), Firearm possession after a misdemeanor crime of domestic violence conviction(www.govinfo.gov).gov
- N.J.S.A. 2A:14-2, Actions for injury to the person(lis.njleg.state.nj.us).gov
- New Jersey State Law Library, legislative history of P.L.2021, c.172 (S2503), strangulation assault graded as a crime of the second degree(repo.njstatelib.org)
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