Simple Assault: Is a Headlock an Assault in NJ?
Simple assault in New Jersey is governed by N.J.S.A. 2C:12-1 which states:
§ 2C:12-1. Assault
a. Simple assault. A person is guilty of assault if he:
(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. A disorderly persons offense leads to criminal record and the defendant faces up to six (6) months in prison if convicted.
A recent Appellate Division decision considered whether a headlock for thirty (30) seconds is sufficient to constitute simple assault, The court held, in State v. Stull, that the evidence was sufficient to satisfy a simple assault charge. State v. Stull, 403 N.J. Super 501 (App. Div. 2008). The defendant was convicted of simple assault and appealed. He argued that the evidence did not show that he caused "physical pain". Under N.J.S.A. 2C:11-1(a), bodily injury (as required in the above simple assault statute) means"physical pain, illness, or any impairment of physical condition". In this case, the defendant placed and held the victim in a headlock for twenty (20) to thirty (30) seconds, squeezed his neck, and yanked and swung him around. At trial, there was no testimony about the victim's pain and he did not sustain bruises or receive treatment for any injuries. The Appellate Division held that the State met its obligation to prove guilt beyond a reasonable doubt through evidence of the defendant's conduct and inferences reasonable based on the evidence as a whole.
