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The Assault by Auto Law NJ Assault by Auto Attorney
The law in NJ contains a specific provision which addresses assaults involving automobiles. An assault by auto case can come in the form of a disorderly persons offense, fourth-degree crime, third-degree crime or even a second-degree crime. This can be a very serious offense with significant jail exposure and requires the involvement of an attorney experienced in both traffic law and criminal defense.
Our firm, Marshall Criminal Defense, possesses this knowledge and expertise needed to successfully defend a New Jersey assault by auto offense. Our qualifications are truly exceptional, including:
- A team of 20 lawyers that limit their practices exclusively to defending the accused
- Over 200 years of collective experience representing individuals charged with aggravated assault, vehicular homicide and auto related accidents throughout New Jersey
- Former county prosecutors that have served at the highest levels such as Director of Major Crimes, Juvenile, Special Operations and even an entire Trial Division
- Certified criminal trial attorneys
- A history of favorable outcomes spanning decades
If you were charged with assault anywhere in NJ, our lawyers certainly have the tools to help you avoiding a conviction and penalties. Call us at 855-450-8310 for a free initial consultation with a talented attorney on our team anytime 24/7.
Marshall Criminal Defense, with offices in Hudson County, Bergen County, Union County, Camden County, Monmouth County, Middlesex County, Ocean County, Burlington County or elsewhere in the New Jersey, defends clients charged with assault by auto, aggravated assault and vehicular homicide arising out of serious motor vehicle accidents.
The Assault by Auto Law
The New Jersey Assault by Auto law is set forth at N.J.S.A. 2C:12-1c. An individual commits this offense if they operate a motor vehicle recklessly and cause either serious bodily injury or bodily injury. Recklessness exists where a motorist shows extreme indifference to the welfare of others, for example, where they are speeding excessively or commit reckless driving. There are a slew of other traffic violations that also constitute reckless operation under 2C:12-1c. In this regard, recklessness is conclusively established where a motorist is convicted for driving while intoxicated under N.J.S.A. 39: 4-50 or refusal to submit to a breath test in violation of N.J.S.A. 39:4-50.4.
There are four (4) elements that the prosecutor must established, beyond reasonable doubt, in order to obtain a conviction for assault by auto. The state must prove that the accused was:
- the operator of a car or other motor vehicle;
- engaged in reckless conduct;
- caused an accident; and
- an injury was sustained as a result of the accident.
If the prosecution convinces a jury that these elements exist, a conviction for assault by auto will be established.
Grading of Offense
The grading of an assault by auto charge hinges on the severity of the injuries sustained, as well as the nature of the recklessness. When reckless operation results in bodily injury to another, assault by auto is a disorderly persons offense. If the accident results in serious bodily injury, the offense is a fourth degree crime.
When assault by auto stems from operating while intoxicated (“DWI”) and results in bodily injury, the violation is a fourth degree crime. The violation escalates to a third degree crime when a DWI related accident results in serious bodily injury. It is a second degree crime when the same circumstances occur within 1,000 feet of school property.
An individual can also commit third degree assault by auto by virtue of aggressive driving. A motorist operates in this manner in violation of N.J.S.A. 2C:12-1c(4) if they unexpectedly alter their speed, make improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or follow another vehicle too closely.
Proof of Reckless Operation
An individual must drive recklessly in order to expose themself to an assault by auto offense. Recklessness means that the motorist acted in conscious disregard of a substantial and unjustifiable risk of injury to others. There are numerous ways for the prosecutor to prove reckless conduct in violation of 2C:12-1c. The most frequently encountered scenario for assault by auto is someone operating while under the influence of drugs or alcohol. There are numerous other bases such as falling asleep while driving, driving after not sleeping for a period of more than 24 consecutive hours, or driving while texting or operating a cell phone.
Penalties
Assault by auto is a disorderly conduct offense under N.J.S.A. 2C:12-1(c)(1) where it results in “bodily injury.” The penalties for a disorderly persons offense include up to six (6) months in the county jail, a fine of up to $1,000 and the possibility of a driver’s license suspension.
It is a fourth degree crime for someone to operate an automobile recklessly that results in “serious bodily injury” to another. The penalties for fourth degree assault by auto includes up to eighteen (18) months in prison and a maximum fine of $10,000.
Assault by auto is a third degree crime where “serious bodily injury” results from a DWI-related accident. It is also third degree assault by auto to commit this offense as the result of aggressive driving. The penalties for this grade of assault by auto are up to five (5) years in prison and a fine that can reach $15,000.
A second degree crime arises where someone causes serious bodily injury as a result of a DWI-related accident. The penalties for second degree assault by auto include five (5) to ten (10) years in prison and a $150,000 potential fine.
Defenses to Assault by Auto
There are numerous defenses that a savvy attorney can utilize to defeat an assault by auto charge in New Jersey. The following are some of the more common defenses arising under 2C:12-1c:
The Accused Didn’t Operate Recklessly. A fundamental element of this offense is evidence that the defendant operated his/her vehicle recklessly. Reasonable doubt concerning this element negates this requirement.
The Accused Did Not Cause An Accident. There must be an accident that was caused by the defendant. If there wasn’t an accident, you cannot have an assault by auto.
There Was No Injury. For someone to have been assaulted, by auto or otherwise, they must have sustained some level of injury. There is no assault by auto absent this element.
How Our NJ Assault By Auto Attorneys Can Help You
If you or a loved one has been charged with assault by auto, Marshall Criminal Defense is here to assist you. Our team has decades of success representing clients arrested for assaulting someone with their car, truck, boat or other vehicle. To speak to an attorney with the know-how to help you escape a conviction, jail, a license suspension, and other penalties, contact us anytime 24/7. Lawyers are available now at 1-855-927-0372 to discuss the facts surrounding your case and to advise you as to your best options. Give us a call now for sound legal guidance from an accomplished criminal defense lawyer.
Contact Marshall Criminal Defense in Jersey City, Camden, Freehold, New Brunswick, Elizabeth, Toms River, Mount Holly, Trenton or another location, if you or a loved is looking for an attorney to defend an assault by auto charge in New Jersey.
Frequently Asked Questions in New Jersey Assault by Auto Cases
Assault by Auto
How Will An Assault By Auto Conviction Affect My Driving Privileges?
An assault by auto conviction can lead to driver’s license suspension by the Motor Vehicle Commission. This is because the offense involves reckless driving that results in injury. Additional suspension may also occur if intoxication was involved.
What Constitutes Aggressively Driving A Vehicle Under the New Jersey Assault by Auto Law?
Aggressive driving includes actions like speeding, unsafe lane changes, or failing to yield. It must be directed toward another vehicle and result in injury to qualify as assault by auto. The conduct shows a disregard for safety and traffic laws.
Can You Expunge A Conviction For Assault By Auto In NJ?
Yes, assault by auto convictions may be eligible for expungement depending on the case. Eligibility depends on the severity of the offense and the individual’s criminal record. Some cases may require additional legal analysis for qualification.
Is Assault By Auto Eligible For Pretrial Intervention (“PTI”)?
Assault by auto may qualify for PTI if it is a third- or fourth-degree offense. The program allows eligible first-time offenders to avoid a conviction through supervision. Successful completion typically results in dismissal of the charges.
Can You Be Charged With Assault by Auto For Causing An Accident Because Of Texting or Using Your Cell Phone?
Yes, a person can be charged with assault by auto if they cause bodily injury or serious bodily injury through reckless driving. The state must prove that the driver consciously disregarded a substantial and unjustifiable risk while operating the vehicle. Evidence of illegal cell phone use while driving may support an inference of recklessness.
Does The Assault By Auto Law Apply To Operation of a Boat or Moped
Yes, the assault by auto statute also applies to vessels, including boats and similar watercraft. A vessel is defined as any means of water transportation not propelled by human effort. If reckless or intoxicated operation causes injury, the operator may face assault by auto charges.
