Assault charges
An assault charge means the prosecution says you hurt someone, or tried to. The name of the charge and how serious it is depend on the state and on what the complaint says happened. Below is how each state defines the basic charge, and what to do first.
What the charge means
Assault charges cover a wide range, from a shove in an argument to an injury with a weapon. The paperwork usually names a statute and a level, such as a misdemeanor or a felony, or in New Jersey a disorderly persons offense or a crime of a stated degree. That level shapes which court hears the case and how it moves.
A charge is an accusation, not a finding. Self-defense, who started it, whether there was a real injury and what witnesses saw are all questions for your lawyer to look at. Keep your account for your lawyer only.
Court by court
New York
Assault in the third degree covers intentionally causing physical injury to another person, and it is a class A misdemeanor [1]. Higher degrees exist for more serious injuries or the use of a weapon; your lawyer reads the exact section charged.
New Jersey
Simple assault covers attempting to cause, or purposely, knowingly or recklessly causing, bodily injury to another. It is a disorderly persons offense, or a petty disorderly persons offense if it happened in a fight or scuffle both people agreed to [2]. More serious assault charges exist too; your lawyer reads the exact section charged.
Florida
The most common charge is battery: actually and intentionally touching or striking another person against their will, or intentionally causing bodily harm. It is a misdemeanor of the first degree, and a felony of the third degree for a person with one prior battery-type conviction or when committed in furtherance of a riot [3].
Pennsylvania
Simple assault includes attempting to cause, or intentionally, knowingly or recklessly causing, bodily injury to another. It is a misdemeanor of the second degree; of the third degree if it happened in a fight both people agreed to; and of the first degree if an adult commits it against a child under 12 [4].
What to do now
- Do not talk to the police about what happened. Say you want a lawyer.
- Do not contact the complaining witness, even to apologize, and even if they contact you.
- Write down for your lawyer only the names of anyone who saw the incident, and keep any photos, texts or videos. Do not post about it.
- Treat every jail call as recorded.
If the case involves a family or household member, read domestic violence charges. For the steps ahead in your court, use What happens next or the court pages for New York, New Jersey, Florida and Pennsylvania.
Common questions
The other person started it. Should I tell the police?
Not without a lawyer. What happened before and during the incident matters, and your lawyer decides how and when your side is told. Anything you say to the police now can be used against you.
Can I call the person to work it out?
No. Do not contact the complaining witness, directly or through friends, even if they reach out first. A court order may already forbid it, and contact can lead to a new charge.
Sources
- N.Y. Penal Law § 120.00(1) (rev. 2014-09-22). Current as of November 11, 2026. Official text
- N.J.S.A. 2C:12-1(a). Current as of November 12, 2026. Official text
- Fla. Stat. § 784.03 (2026). Current as of November 12, 2026. Official text
- 18 Pa.C.S. § 2701(a)(1), (b). Current as of November 12, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.