Serving Atlantic and Cape May Counties


New Jersey Assault and Battery

Assault and battery is the combination of two crimes: assault (the threat of violence) and battery (physical violence).

What is Assault
Assault can be defined as anyone who has been threatened or any other act that causes the victim to fear harm. Assault may or may not physically harm but it must place a reasonable person in fear for their safety.

What is Battery
Battery is the physical touching of someone without their consent. Battery generally does not require any intent to harm the victim. A person need only have an intent to contact or cause contact with an individual. Even an offensive touching qualifies as battery.

Assault and battery are often paired together as one offense. The reason for this is, when someone commits battery they usually have the intent to harm, and threaten the person before committing the physical act. There will also be different degrees of battery including first degree, second degree, and third degree. Each degree describes how serious the crime may be.

  • First Degree – will usually include the use of a dangerous weapon and includes severe bodily harm and extreme indifference for the value of human life.
  • Second Degree – will usually include the use of a dangerous weapon and includes the intent behind the bodily harm, or the level of bodily harm./li>
  • Third Degree – when a person attempts to injure another person, but does not, or when a person does injure a person, just not physically.
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