Assault Attorney in Hackensack, New Jersey

After an arrest, you may face assault charges – and you should not face these serious charges on your own. There’s a lot at stake when you’ve been accused of a crime, and representing yourself in the legal system is almost never a good idea. The law is too complex, and you have too much to lose.

To have the best chance at securing a better outcome for your case, work with an experienced criminal defense attorney. William Quirk has been practicing law since the early 2000s and is passionate about advocating for his clients. When it comes to their futures, he wants all of his clients to have the opportunity to fight for their best interests. William J. Quirk, Esq., LLC represents clients in Hackensack, New Jersey, as well as Clifton, Paterson, and West New York areas.

Overview of Assault Charges

Injuring someone, or trying to injure someone, without having legal justification is assault. Different factors affect how the assault will be classified.

Simple assault charges can be brought for a number of different actions. For instance, if someone fears that they are in danger of serious bodily injury, then that person can later bring simple assault charges.

Most commonly, simple assault is when a person either tries to injure someone or actually does injure their body. This must have happened on purpose, with knowledge, or due to reckless behavior. This can happen at any time; however, many of these cases involve alcohol or other substances that lower people's inhibitions and make them more prone to making bad decisions. An argument that leads to a fight at a bar after a big sporting event is a classic example of a simple assault charge.

Aggravated assault is a more serious charge. This type of assault involves purposeful intent to do serious bodily injury to a person. For example, if a person injures someone with a deadly weapon, then that would be classified as aggravated assault. Discharging a gun and shooting someone, or stabbing a person with a knife, or hitting them with a baseball bat are all examples of aggravated assault.

However, aggravated assault is not limited to deadly weapons. Any assault that seriously injures someone’s body is aggravated assault. Aggravated assault can happen when someone simply uses their fists or feet to hit someone.

Many incidents of domestic violence are grounded in a physical fight which leads to police involvement. Punching, striking, kicking, and strangling a family member are all forms of domestic violence assault, which carries very severe penalties in New Jersey. Individuals charged with domestic violence assault crimes are prohibited from entering the first-offender PTI program in New Jersey unless they provide a plea on the matter. This requirement is a problem for immigrant defendants, and can have lasting consequences on their status in the United States.

When the violent action is directed at a member of a protected class, any assault against them will be automatically be upgraded to a charge of aggravated assault. Members of protected classes include law enforcement officers, people who are elderly, people who have disabilities, and social services workers.

The penalties for assault depend on the nature and severity of the accused crime. Consequences range from small fines, counseling, and classes, to prison time and large fines. Immigrant defendants charged with assault can be subject to removal from the United States for certain convictions, and may be prohibited from ever becoming a US Citizen.

To learn more about what qualifies as either simple or aggravated assault, speak with a knowledgeable criminal defense attorney.

Potential Defenses to Assault Charges

There are several different defenses against assault charges, and one of these may help your case. The most used defense is self-defense - you felt threatened or in danger and acted because you believed you were protecting yourself. If your attorney is able to prove you were justified in using self-defense in your matter, it can lead to the dismissal of all charges against you.

It’s also possible for your attorney to look at other factors in your case to see if the charges should or could be changed. For example, if you are being charged for aggravated assault when the circumstances actually made it a simple assault, your attorney may be able to present that to the court. If you did not intend to act the way you did, or if the accusations are false, your attorney can also present that information to help your case.

Your rights matter no matter what your defense can be. A knowledgeable attorney can help you by representing your best interests in court. This can be accomplished through a range of legal defense strategies.