Assault and Harassment

Assault & Harassment in New Jersey

Everyday Conflicts. Real Criminal Charges.

Arguments, misunderstandings, or emotional confrontations can quickly lead to assault or harassment charges in New Jersey—especially in domestic, neighbor, bar, school, or workplace situations. What may feel like “just an argument” or “just a shove” can result in:

A criminal record
Possible jail time
No-contact orders and domestic violence implications
Long-term consequences for work, licensing, and background checks

If you’ve been charged with assault, harassment, or both, you’re not just dealing with a personal dispute—you’re facing the State of New Jersey.

How Attorney Mark Bailey Approaches Assault & Harassment Cases

Attorney Mark Bailey understands that these cases are often messy, emotional, and one-sided:

Conflicting stories about who started it
Alcohol or stress involved on both sides
Mutual arguing or pushing, but only one person charged
Texts, calls, or social media messages taken out of context

He takes a selective, hands-on approach, limiting the number of matters he handles so he can:

Carefully review police reports, body-cam, 911 recordings, photos, and medical records
Examine texts, emails, social media, and voicemails that show the full story
Analyze whether the facts truly meet the legal definitions of assault or harassment under New Jersey law
Look for ways to downgrade, dismiss, or resolve charges to protect your record and your relationships

His goal is to show the court what really happened—not just what appears in a brief, one-sided police narrative.

Assault in New Jersey – N.J.S.A. 2C:12-1

New Jersey recognizes two main categories: simple assault and aggravated assault. This page focuses on the types most commonly charged in everyday disputes: simple assault.

Under N.J.S.A. 2C:12-1(a), a person commits simple assault if they:

Attempt to cause or purposely, knowingly, or recklessly cause bodily injury to another person; or
Negligently cause bodily injury with a deadly weapon; or
Attempt, by physical menace, to put another in fear of imminent serious bodily injury.

“Bodily injury” means physical pain, illness, or any impairment of physical condition.

Common examples of simple assault include:

Punching, slapping, or pushing someone and causing minor injury
Throwing an object that hits someone
Getting into a fight where someone gets hurt
Raising a fist or brandishing an object in a way that puts someone in immediate fear of being seriously hurt—even if no actual contact occurs

By default, simple assault is a disorderly persons offense, unless it’s a mutual fight or scuffle (where it can be a petty disorderly persons offense).

In some situations—such as assaults against certain protected persons or in specific settings—simple assault can be elevated to a fourth-degree crime, with higher penalties.

Penalties for Simple Assault

For a disorderly persons simple assault conviction, you face:

Up to 6 months in the county jail
Fines up to $1,000
Probation, anger management, and other court-ordered conditions
A criminal record visible on background checks

For petty disorderly persons (often mutual fight situations):

Up to 30 days in jail
Fines up to $500

If the assault is elevated to a fourth-degree crime, you may face:

Up to 18 months in New Jersey State Prison
Fines up to $10,000

On top of this, simple assault is one of the listed acts under New Jersey’s Prevention of Domestic Violence Act, meaning it can be the basis for a temporary or final restraining order when the parties meet the domestic violence relationship criteria.

Harassment in New Jersey – N.J.S.A. 2C:33-4

Harassment charges often arise out of arguments, break-ups, neighbor disputes, and ongoing personal conflicts. They are frequently filed in domestic violence settings as well.

Under N.J.S.A. 2C:33-4, a person commits harassment if, with purpose to harass another, they:

Make communications anonymously, at extremely inconvenient hours, in offensively coarse language, or in any manner likely to cause annoyance or alarm; or
Subject another to striking, kicking, shoving, or other offensive touching, or threaten to do so; or
Engage in any other course of alarming conduct or repeatedly committed acts with purpose to alarm or seriously annoy another person.

This can include:

Repeated late-night calls or texts
Threatening or abusive messages
Repeated unwanted contact or showing up where the person is
Minor pushing or offensive touching that doesn’t rise to the level of simple assault

By default, harassment is a petty disorderly persons offense.

In certain situations—such as when it’s committed while on probation/parole or in violation of a domestic violence order—harassment can be upgraded to a fourth-degree crime, with much more serious consequences.

Penalties for Harassment

For petty disorderly persons harassment, penalties can include:

Up to 30 days in jail
Fines up to $500
Probation, counseling, or other conditions
A criminal record

For fourth-degree harassment (in qualifying situations), you may face:

Up to 18 months in state prison
Fines up to $10,000

Like assault, harassment is also a predicate act of domestic violence when the relationship fits the statute, meaning it can lead to restraining orders, loss of firearm rights, and other serious collateral consequences.

Domestic Violence, Restraining Orders & Collateral Consequences

When assault or harassment occurs between people who are:

Spouses or former spouses
Current or former dating partners
Household members or parents of a child

…it can be treated as an act of domestic violence under N.J.S.A. 2C:25-19.

That may lead to:

Temporary or Final Restraining Orders (TRO/FRO)
Orders to stay away from home, work, or school
Temporary loss of child custody/parenting time
Mandatory surrender of firearms and firearm purchaser IDs
Impact on employment, particularly in law enforcement, security, childcare, or healthcare

Even if the underlying criminal charge is “only” a low-level offense, the domestic violence component can have extremely serious, long-lasting effects.

Defenses & Strategies in Assault and Harassment Cases

Every case is different, but common defense themes include:

1. Self-Defense or Defense of Others (Assault)

New Jersey recognizes the right to use reasonable force to protect yourself or someone else. Key questions:

Who actually started the confrontation?
Was your response proportionate to the threat?
Are there witnesses or video that support your version?

What’s described in a report as “assault” may in reality be self-defense or mutual combat.

2. Lack of Intent to Harass

For harassment, the State must prove you acted with purpose to harass.

Were you trying to resolve an issue, not annoy or alarm?
Were messages simply heated communication, not harassment?
Were there mutual texts, calls, or posts that show both sides participating?

Context matters. A single message or short clip pulled out of an entire conversation can be very misleading.

3. Exaggeration & One-Sided Storytelling

Assault and harassment accusations often come out of:

Break-ups, divorces, or custody disputes
Landlord-tenant or neighbor conflicts
Work or school conflicts

Alleged victims sometimes overstate what happened or leave out their own aggressive behavior. Comparing:

Body-cam and 911 calls
Texts and social media
Medical records and photos

to the police report can reveal gaps and inconsistencies.

4. Identification & Proof Problems

Especially in group or bar situations:

Witnesses may be drinking or distracted
Lighting and vantage points may be poor
People may misinterpret accidental contact as deliberate

If the State can’t clearly prove who did what to whom, the case is weak.

5. Negotiation, Diversion & Damage Control

Even when the evidence is strong, an experienced attorney can:

Seek dismissals for lack of probable cause or proof
Negotiate downgrades (for example, from simple assault to a non-violent ordinance)
Explore diversion options or conditional dismissals where appropriate
Work to protect immigration status, professional licenses, and employment

Attorney Mark Bailey will discuss realistic options with you so you can make informed decisions.

How Mark Bailey Can Help

When you hire Mark A. Bailey to handle an assault or harassment case, he will:

Obtain and review all police reports, videos, photos, medical records, and communications
Listen carefully to your side of the story and identify evidence that supports it
Look for legal and factual weaknesses in the State’s case
Advise you on domestic violence implications, restraining orders, and collateral consequences
Negotiate aggressively when appropriate—but also be prepared to take your case to trial if that’s in your best interest

His mission is to protect your rights, your record, and your future in a system that often hears only one side at the beginning.

The Law Office of Mark A. Bailey is committed to defending individuals accused of these emotionally charged offenses and fighting for the best possible outcome.

Contact Mark Bailey today for a confidential consultation to discuss your assault or harassment case, your rights, and the best strategy for moving forward.