Case Dismissed Against NBA Player Ja Morant – Civil Liability vs Criminal Culpability—Self Defense

Recently a County Circuit Court Judge dismissed a civil case against NBA player Ja Morant in Tennessee.  The Court ruled that he acted in self-defense. The lawsuit derived from an incident where Morant punched a teenager during the game. 

In July 2022, Morant and 17-year-old Joshua Holloway had a physical altercation during a pickup game at Morant’s parents’ home.  Holloway filed a lawsuit against Morant for assault and battery.  Morant never faced any criminal charges following the incident.  This case presents an opportunity to explain criminal culpability vs. civil liability. 

Civil Liability vs. Criminal Culpability

It is important to understand that the evidentiary standard in a civil lawsuit is “by a preponderance of the evidence—more probable than not” while the burden of proof in a criminal prosecution is guilt beyond a reasonable doubt.  The plaintiff has the burden in a civil case while the prosecution has the burden of proof in a criminal case. 

Simple Assault

One of the most common offenses that our law firm defends in New Jersey and Pennsylvania is assault.  Assault is divided into simple and aggravated assault under 2C:12-1 in New Jersey.  A simple assault is when a person attempts to cause or purposely knowingly or recklessly causes a bodily injury to another.  A simple assault is also if a person negligently causes bodily person to another with a deadly weapon. Simple assault is a disorderly persons offense unless it is committed in a fight or a scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense in New Jersey. 

In Pennsylvania, a simple assault (Title 18, Section 2701) is graded as a misdemeanor of the second degree unless it is a result of mutual scuffle, in which case it is misdemeanor of the third degree. A person can also be charged with a simple assault if he or she recklessly causes a bodily injury to another with a deadly weapon.  In this situation, it is a crime of the fourth degree.

If Morant was charged with a criminal offense, it would have been most likely a simple assault as it doesn’t appear that Holloway sustained any serious bodily injuries.  According to witnesses, Holloway aggressively threw a basketball at Morant with a one-handed, baseball-style pass that hit him in the face. Morant allegedly retaliated by punching Holloway in the face.

Aggravated Assault

It does not appear that Morant’s case would have qualified as an aggravated assault in any jurisdiction. 

Unlike a simple assault, an aggravated assault in New Jersey is an indictable crime.  A person who is guilty of an aggravated assault after he or she causes or attempts to cause serious bodily injury to another.  An aggravated assault is also cause if a person or knowingly causes bodily injury to another with a deadly weapon. 

 An aggravated assault in New Jersey is a crime of the second degree if the Court finds that a person caused serious bodily injury.  It is a crime of the third degree if a person attempts to cause only bodily injury with a deadly weapon.  A deadly weapon can be practically anything in New Jersey, just like Pennsylvania.  Pennsylvania, similar to New Jersey, classifies aggravated assault (Title 18, Section 2702) based on the circumstances surrounding the incident; it’s a felony grade crime in the Commonwealth

Assaults involving members of a protected class

The alleged victim in Morant’s case was not a member of protected class.

Like Pennsylvania, in New Jersey, if a person commits an assault or attempts to commit an assault against a member of a protective class, like a police office, EMS, or a firefighter, the State (New Jersey) only needs to establish bodily injury as opposed to serious bodily injury.  In this situation, a person would be charged with a crime of the third degree (indictable crime.)  This distinction is very important.

What is Self Defense

The counter argument to an assault of any kind is self defense.  Self defense is often a misunderstood concept in criminal defense. 

Criminal Culpability & Self Defense

It is, however, one of the most utilized arguments in cases involving the criminal charges of homicide (murder, manslaughter), attempted homicide, as well as aggravated and simple assault. Frequently, a person comes into our law firm facing these types of charges and wants us to incorporate the self defense argument into our overall criminal defense strategy.

This is obviously a great argument for the defense but it’s important to understand how it requires the defense and the prosecution to meet specific requirements and obligations. Self-defense is often called “justification.”  If the defendant’s actions were “justified,” he or she CAN NOT be found find guilty of a crime such as murder, attempted murder (homicide), aggravated assault and simple assault (misdemeanor).

Many of our clients fail to understand that while the burden is on the prosecution during a criminal trial, the defense is required to assert a self defense argument before the prosecution is required to address it. It’s important to understand that the Commonwealth (through the ADA) or the State (Prosecutor) must prove, beyond a reasonable doubt, that the defendant didn’t actually believe that he was in danger of death or serious bodily injury. In the alternative, the prosecution can also meet its burden of proof if it shows, beyond a reasonable doubt, that this belief was unreasonable in light of all the circumstances known to the defendant.

Civil Liability & Self Defense

From a civil liability standpoint, self defense could cause a case to be dismissed prior to trial which is what occurred in the Ja Morant matter in Tennessee. 

Similarly, in New Jersey, if a person’s use of force in self-defense or the defense of another is justified, they are immune from civil liability for damages resulting from that force. This means they cannot be sued for injuries or damages caused by the force used in self-defense, provided the use of force was justified under state law.  Likewise, in Pennsylvania, a person who uses force in self-protection are generally immune from civil liability for injuries sustained by the perpetrator. This immunity extends to situations where the force used was justifiable under Pennsylvania’s self-defense laws, which include the “Stand Your Ground” law and the “Castle Doctrine” 

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