Violent crime charges in New Jersey carry severe consequences, including substantial prison sentences, mandatory parole ineligibility periods, and permanent felony records. These charges require immediate and strategic legal representation to protect your rights and future.

At the Law Offices of Matthew Cohan, we represent clients facing assault, robbery, domestic violence, weapons offenses, and other violent crime charges throughout New Jersey. This guide explains the most frequently charged violent offenses in the state from the perspective of an experienced criminal defense law firm.

1. Simple Assault (N.J.S.A. 2C:12-1(a))

Simple assault is one of the most common violent crime charges in New Jersey and often represents the entry point into the criminal justice system for first-time offenders.

A person may be charged with simple assault if they:

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

Classification and penalties:

• Disorderly Persons Offense: Up to 6 months in county jail and fines up to $1,000
• Petty Disorderly Persons Offense (mutual combat): Up to 30 days in jail and fines up to $500

Although typically a disorderly persons offense handled in municipal court, penalties can escalate significantly if the alleged victim is a law enforcement officer, firefighter, emergency services personnel, school employee, or other protected individual. In such cases, the charge may be elevated to aggravated assault.

2. Aggravated Assault (N.J.S.A. 2C:12-1(b))

Aggravated assault is a serious indictable offense commonly charged when injuries are significant or aggravating factors exist.

You may face aggravated assault charges for:

• Causing or attempting to cause serious bodily injury, purposely or knowingly, or under circumstances manifesting extreme indifference to human life
• Causing or attempting to cause bodily injury with a deadly weapon
• Recklessly causing bodily injury with a deadly weapon
• Knowingly pointing a firearm at or in the direction of another under circumstances manifesting extreme indifference to the value of human life
• Committing simple assault against law enforcement officers, firefighters, EMTs, teachers, school employees, or other protected persons
• Causing injury during a DWI-related incident
• Knowingly obstructing breathing or blood circulation of a domestic violence victim (strangulation)

Grading and penalties:

Second-Degree Crime:

• Prison: 5 to 10 years in state prison
• Fine: Up to $150,000
• Presumption of incarceration even for first-time offenders
• 85% mandatory service under No Early Release Act (NERA)
• Applies to: Attempting to cause or causing serious bodily injury; strangulation

Third-Degree Crime:

• Prison: 3 to 5 years in state prison
• Fine: Up to $15,000
• Presumption of non-incarceration for first-time offenders
• 85% mandatory service under NERA if incarcerated
• Applies to: Causing bodily injury with a deadly weapon; assaults on protected persons resulting in bodily injury

Fourth-Degree Crime:

• Prison: Up to 18 months in state prison
• Fine: Up to $10,000
• 85% mandatory service under NERA if incarcerated
• Applies to: Recklessly causing injury with a deadly weapon; pointing a firearm; certain assaults on protected persons without injury

Note: All aggravated assault convictions are violent offenses subject to the No Early Release Act (NERA), meaning defendants must serve 85% of their prison sentence before becoming eligible for parole.

3. Robbery (N.J.S.A. 2C:15-1)

Robbery is among the most serious violent crimes in New Jersey because it combines theft with force or threats of force.

Robbery occurs when, during a theft, the defendant:

• Inflicts bodily injury or uses force upon another
• Threatens another with or purposely puts them in fear of immediate bodily injury
• Commits or threatens immediately to commit any crime of the first or second degree

Grading:

First-Degree Robbery:

• When the defendant attempts to kill, purposely inflicts or attempts to inflict serious bodily injury, or is armed with a deadly weapon, or uses or threatens the immediate use of a deadly weapon
• Prison: 10 to 20 years
• Fine: Up to $200,000
• NERA applies (85% mandatory service)

Second-Degree Robbery:

• All other robbery offenses
• Prison: 5 to 10 years
• Fine: Up to $150,000
• NERA applies (85% mandatory service)

4. Domestic Violence-Related Violent Crimes

Under New Jersey's Prevention of Domestic Violence Act (PDVA), certain violent offenses become predicate acts of domestic violence when they involve spouses, former spouses, partners, household members, co-parents, or individuals in dating relationships.

Common domestic violence-related charges include:

• Simple assault
• Aggravated assault
• Terroristic threats
• Harassment
• Stalking
• False imprisonment
• Criminal restraint
• Sexual assault
• Criminal sexual contact

Additional consequences:

Individuals charged with domestic violence offenses may face Temporary Restraining Orders (TRO) or Final Restraining Orders (FRO) in Family Court in addition to criminal charges in Superior Court. These are separate proceedings with distinct consequences, including no-contact orders, loss of firearm rights, and custody implications.

5. Terroristic Threats (N.J.S.A. 2C:12-3)

A person may be charged with terroristic threats if they:

• Threaten to commit any crime of violence with the purpose to terrorize another or cause evacuation of a building, place of assembly, or facility of public transportation
• Threaten to kill another with the purpose to put them in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood it will be carried out
• Make threats during a declared emergency

Grading:

• Third-Degree Crime: Up to 5 years in prison, fine up to $15,000
• This charge frequently accompanies assault or domestic violence allegations

6. Sexual Assault and Criminal Sexual Contact

Sex crimes are classified as violent offenses even when physical injury is minimal or absent.

Sexual Assault (N.J.S.A. 2C:14-2):

Involves acts of sexual penetration without consent, by force or coercion, or with victims unable to consent due to age, mental incapacity, or physical helplessness.

Grading:

• First-Degree (Aggravated Sexual Assault): 10 to 20 years, NERA applies
• Second-Degree: 5 to 10 years, NERA applies

Criminal Sexual Contact (N.J.S.A. 2C:14-3):

Involves sexual touching without consent or with victims unable to consent.

Grading:

• Fourth-Degree: Up to 18 months in prison
• Third-Degree: Up to 5 years in prison (if victim under 13 and defendant 4+ years older)

Additional consequences:

Convictions can result in Megan's Law registration, Parole Supervision for Life (PSL), mandatory community notification, and severe restrictions on employment, housing, and internet use.

7. Weapons-Related Violent Crimes

New Jersey enforces strict weapons laws. Many violent crime cases involve allegations of illegal weapon possession or use, including:

• Unlawful possession of a weapon (N.J.S.A. 2C:39-5)
• Possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4)
• Certain persons not to have weapons (N.J.S.A. 2C:39-7)

Graves Act:

When firearms are involved in certain offenses, mandatory minimum prison sentences apply under the Graves Act, with parole ineligibility periods ranging from one-third to one-half of the sentence imposed.