Disorderly Conduct vs. Simple Assault in an Atlantic City, NJ Casino?
Casinos in New Jersey attract millions of visitors each year. With large crowds, alcohol, and high stakes involved, disputes can sometimes escalate quickly. Two criminal charges that may arise are disorderly conduct and simple assault. While both are considered relatively low-level offenses compared to felonies, they differ in their definitions, penalties, and long-term consequences.
In a casino setting, if you are involved in a situation where physical harm or the threat of bodily harm occurs, it’s more likely to be simple assault. If the behavior is purely disruptive or verbal but doesn’t involve a direct physical threat, it is more likely to be disorderly conduct.
What is Considered Simple Assault
Understanding how New Jersey law distinguishes between disorderly conduct and simple assault is essential for anyone facing criminal charges after a casino incident. Simple assault is defined under N.J.S.A. 2C:12-1(a). A person commits simple assault if they:
- Cause or attempt to cause bodily injury to another person purposely, knowingly, or recklessly.
- Negligently cause bodily injury with a deadly weapon.
- Attempt by physical menace to put another person in fear of imminent serious bodily injury.
In a casino, examples might include:
- Pushing or shoving another patron during a dispute.
- Throwing a drink at someone.
- Slapping, punching, or otherwise initiating physical violence.
Simple assault is usually a disorderly persons offense, punishable by up to six months in jail and fines up to $1,000. However, it can be elevated to a more serious offense if certain aggravating factors are present (such as assaulting a police officer).
Disorderly Conduct
Disorderly conduct is defined under N.J.S. 2C:33-1. This statute defines disorderly conduct as behavior intended to cause public inconvenience, annoyance, or alarm, or recklessly creating such a risk. It typically involves:
- Improper behavior such as fighting, threatening, or engaging in violent or tumultuous acts.
- Offensive language spoken in public with the intent to offend or provoke.
In a casino environment, this could include:
- Shouting or using offensive language in public areas.
- Blocking hallways, exits, or gaming areas.
- Refusing to follow security or law enforcement instructions.
- Fighting verbally without escalating to physical violence.
- Creating a disturbance while intoxicated.
Disorderly conduct is a petty disorderly persons offense, punishable by up to 30 days in jail and fines up to $500.
Key Differences Between the Two Charges
The primary distinction lies in conduct versus harm:
- Disorderly conduct focuses on disruptive or offensive behavior that disturbs the peace but does not necessarily result in physical injury.
- Simple assault involves actual or attempted physical harm to another person.
While both can damage your reputation and future opportunities, simple assault is considered more serious because it involves violence.
We Fight for Your Rights & Freedoms
Casinos can be dangerous environments because there is a lot of money and alcohol to be found. Disorderly offenses can occur, and while they may not seem serious, they can have long-term consequences.
The Atlantic City casino crimes lawyer at Law Offices of Melissa Rosenblum, LLC can assist you with your case. We are ready to stand up for you and get you the best outcome possible. To schedule a consultation with our office today, contact us at (609) 904-6262 or online.