Contact The Defense Lawyers & Former County Prosecutors At Our Jersey City Law Firm To Discuss Your Assault By Auto Charge In Jersey City, Hoboken, Secaucus, Kearny, North Bergen Or Another Hudson County Town
There are numerous assault by auto charges filed by the police in Hoboken, Jersey City, North Bergen, Secaucus, Kearny and other Hudson County towns every year. There are also situations where this variety of assault offense is filed by Esther Suarez or another acting Hudson County Prosecutor. The common thread in the vast majority of Hudson County assault by auto cases is allegations of reckless operation stemming from driving while intoxicated or while impaired by drugs. If you were charged with assault by auto, it is important that you keep in mind that this is a very serious offense that carries the possibility of up to ten (10) years in prison depending on the severity of the injuries involved.
Accomplished Hudson County Assault By Auto Lawyers With Offices In Jersey City & Hoboken To Serve You
When someone is facing a criminal offense that is as serious as assault by auto, there is no room for compromise in terms of the skill of your defense attorney. We have witnessed way too many stories from prospective clients who have hired someone to defend a N.J.S.A. 2C:12-1(c) offense for the wrong reasons only to be faced with a state prison sentence. Here at the Law Offices of Jonathan F. Marshall, our team includes former county prosecutors and veteran defense lawyers (i.e. at least 15 years in practice) with over 150 years of combined experience. More importantly, the members of the firm have extensive trial experience. All of this makes for a powerful advocate for you when your assault by auto charge is heard at the Hudson County Superior Court in Jersey City.
An Attorney With The Skill To Successfully Defend Your Assault By Auto Case Is Available Now To Discuss Your Charges
If you would like to speak to a lawyer with the tools to really help you, including one of our certified criminal trial attorneys, contact our Jersey City Office. Lawyers are available 24/7 at 201-309-0500.
The Law Offices of Jonathan F. Marshall, 574 Newark Avenue, Suite 204A, Jersey City, New Jersey, defend assault by auto charges in Hudson County, including in Hoboken, Secaucus, Jersey City, North Bergen, Kearny, Guttenberg, Harrison, East Newark, West New York, Union City, Weehawken and Bayonne.
Assault By Auto Charges in Jersey City New Jersey
An assault by auto charge comes in a wide range of grades under 2C:12-1(c). With the exception of a disorderly persons offense, all violations under this section are indictable and must be referred to the county courthouse in Jersey City for resolution. To be convicted of assault by auto, the prosecution must prove, beyond a reasonable doubt, that you:
- Disorderly Persons Offense: (1) operated a vehicle or vessel; (2) in a reckless manner; and (3) your conduct resulted in bodily injury to another person.
- Fourth Degree Crime: (1) operated a vehicle or vessel; (2) in a reckless manner; and (3) your conduct resulted in serious bodily injury to another person. Another way someone can commit a fourth degree assault by auto is if they: (1) operated a vehicle or vessel; (2) while in violation of N.J.S.A. 39:4-50 (“DWI”) or 39:4-50.4a (“Refusal”); and (3) your conduct resulted in bodily injury to another.
- Third Degree Crime: (1) operated a vehicle or vessel; (2) while in violation of N.J.S.A. 39:4-50 or 39:4-50.4a; and (3) your conduct resulted in serious bodily injury to another.
- Second Degree Crime: (1) operated a vehicle or vessel; (2) while in violation of N.J.S.A. 39:4-50 or 39:4-50.4a; (3) your conduct resulted in serious bodily injury to another; and (4) operation of the motor vehicle was on school property or within 1000 feet of such property.
What is Bodily Injury? What is Significant Bodily Injury? What is Serious Bodily Injury?
There are certain key terms that must be understood if you are facing an assault by auto charge in Hudson County, including “bodily injury, “significant bodily injury” and “serious bodily injury”. The sections below are intended to provide you with a working knowledge of these terms so that you can evaluate the charge that was filed against you in Secaucus, Jersey City, North Bergen, Hoboken, Weehawken or another local municipality.
- Physical pain,
- Illness, or
- Any impairment of ones physical condition.
Significant bodily injury:
- Temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses
Serious bodily injury:
- A substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
Will I go to Jail for Assault by Auto?
A second degree crime for assault by auto is punishable by up to ten (10) years in State prison and a fine of up to $150,000. This offense, unlike aggravated assault in the second degree, which is a common ancillary charge to assault by auto, is NOT subject to the No Early Release Act. A third degree crime for assault by auto is punishable by up to five (5) years in a New Jersey State Prison and can result in a fine of up to $15,000. A crime of the fourth degree for assault by auto is punishable by up to eighteen (18) months in prison and a maximum fine of $10,000. Lastly, a disorderly persons offense is punishable by up to six (6) months in the Hudson County Jail and a fine that can reach $1,000. In addition, a defendant charged with a third or fourth degree assault by auto may be eligible for the Pre Trial Intervention (a.k.a. PTI). An individual admitted into this program avoids a criminal conviction and penalties for assault by auto if they successfully complete a period of probation.
If you were arrested in Hoboken, Secaucus, Jersey City, North Bergen, Kearny, Guttenberg, Harrison, East Newark, West New York, Union City, Weehawken or Bayonne for a dwi following an accident that resulted in injury to another person and an assault by auto offense, call our Jersey City Office at 201-309-0500 for a free consultation with a highly skilled defense lawyer.
Assault by Auto Lawyers in Hudson County
The Law Office of Jonathan F. Marshall is an experienced Hudson County criminal defense firm with a team of ten (10) attorneys who have handled countless assault by auto charges. Do not make the mistake of selecting a lawyer without looking closely at their biography. How long has the gentlemen actually been practicing law? Is his actually experience consistent with what you are reading elsewhere on his site? There is no risk taking when someone hires our firm because one the six (6) veteran lawyers selected to handle your assault by auto case possesses at least 15 years experience and has completed numerous jury trials. The level of experience of the attorneys doing the bulk of the internet marketing in the Jersey City and Hudson County area does not even approach that at our firm. You deserve the best defense available so do not gamble with an inexperienced attorney. Contact our Jersey City Office now to speak to an accomplished lawyer.