In New Jersey, harassment and assault are two distinct criminal offenses that carry different legal definitions, penalties, and implications. While both involve unwanted actions towards another person, they vary in severity, intent, and potential consequences under the law. It’s important to understand the differences between these two offenses for any individual facing either charge. Assault charges are the more serious of the two offenses, however, both can negatively impact a person’s life. If charged with harassment or assault, it is important to reach out to an experienced criminal defense attorney in your area for legal guidance about how to best proceed.
Definition of Harassment in New Jersey
According to N.J.S.A. 2C:33-4, harassment is typically considered a petty disorderly person’s offense. It usually involves doing things that are meant to alarm, annoy, or seriously inconvenience another person. Harassment offenses can encompass a wide variety of actions, including verbal, physical, or electronic communication. An individual can face harassment charges for any of the following:
- Making or attempting to communicate with someone at extremely inconvenient hours or using offensive language.
- Striking, kicking, shoving, or otherwise offensively touching another person in a non-serious manner.
- Engaging in alarming conduct or repeatedly committing acts with the intent to harass.
Harassment charges are often petty disorderly persons offenses in New Jersey, which can result in up to 30 days in jail and a fine of up to $500. However, if the act is committed while on probation or parole, the charge can be elevated to a fourth-degree crime, carrying harsher penalties. When defending an individual against harassment, it is important to establish whether the actions were purposefully meant to bother, or whether they were simply done out of ignorance or insensitivity.
Definition of Assault in New Jersey
Assault, on the other hand, is categorized under N.J.S.A. 2C:12-1 in the New Jersey justice system, and is divided into two main types: simple assault and aggravated assault.
Simple Assault – Simple assault is the less serious of the two offenses and generally involves causing or attempting to cause bodily harm to another person. It can occur through intentional, reckless, or negligent actions. Punching or kicking someone with the intent to cause bodily injury is simple assault, but so is accidentally injuring an individual with a deadly weapon, or causing a person to fear that they are in danger of being hurt. Simple assault is elevated from a petty offense to a disorderly person’s offense, punishable by up to six months in jail and fines up to $1,000. If the assault occurred as part of a mutual fight, it can be downgraded to a petty disorderly person’s offense.
Aggravated Assault – Aggravated assault is a more serious offense and is classified as an indictable crime. It involves more severe injuries or the use of weapons. Some examples of aggravated assault include:
- Causing serious bodily injury intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to human life.
- Using a deadly weapon in a way that causes bodily injury.
- Assaulting law enforcement officers, firefighters, or medical personnel while they are performing official duties.
Aggravated assault charges can range from a fourth-degree to a second-degree felony crime, depending on the severity of the injury and the circumstances. Penalties may include prison sentences from 18 months to 10 years, along with significant fines.
Key Differences Between Harassment and Assault
Although both crimes involve negatively impacting another person, they vary greatly. Some of the biggest differences between the two charges include:
- Severity of Actions – Harassment typically involves minor or non-violent actions intended to annoy, while assault involves physical harm or the threat of harm.
- Intent and Impact – Harassment is about causing inconvenience or annoyance, whereas assault involves bodily injury or a threat of immediate harm.
- Legal Consequences – Harassment is usually a petty disorderly person’s offense, while simple assault is a disorderly person’s offense. Aggravated assault, however, can be an indictable offense with severe penalties.
- Use of Weapons – Assault charges can be elevated if a deadly weapon is involved, whereas harassment does not generally include weapons.
- Victim Perception vs. Physical Harm – A person may feel harassed without suffering physical injury, whereas assault requires at least an attempt or threat of bodily harm.
Speak With A Criminal Defense Attorney When You Have Been Charged
Harassment and assault, while both punishable under New Jersey law, differ significantly in their definitions, severity, and consequences. Harassment often involves repeated, or persistent conduct meant to disturb another person, whereas assault includes actions that cause or attempt to cause physical injury. Understanding these distinctions is important for those facing legal issues and harassment or assault charges.
If you are facing charges related to either offense, consulting a qualified criminal defense attorney near you can help clarify your legal rights and help you know how to proceed.