Bridgewater NJ Assault by Auto Defense Attorneys
An assault by auto charge has the potential to have a devastating impact on your future. The offense is always a felony offense that can landing you in prison including as must as ten (10) years if you are convicted of second degree assault by auto. You should also be aware that the Somerset County Prosecutor’s Office has little sympathy for those who injure passengers and other motorist as a result of DWI/DUI or other reckless circumstances. A night of one too many alcoholic beverages can literally change your life forever if you get into an accident where someone is injured. If you made such a mistake the key is to make sure you have utmost protection against a negative outcome. Hiring a skilled lawyer to defend your violation in Somerville at the Superior Court is clearly your best tool in avoiding the penalties that may be imposed under N.J.S.A. 2C:12-1(c). The defense attorneys at The Law Offices of Jonathan F. Marshall make up one of the largest criminal teams in the state and our experience is exceptional with over one hundred (100) years combined, including much time serving as prosecutors. To discuss the circumstances of your arrest in Franklin, North Plainfield, South Bound Brook, Readington or another municipality in this region, call our Bridgewater Law Office now for a free consultation at (908) 722-1011.
Charged With Second Degree, Third Degree or Fourth Degree Assault by Auto in Somerville New Jersey
Anyone arrested for assault by auto will ultimately have their case heard in either Somerville or Flemington depending on which of the two counties the accident or other allegedly reckless conduct took place. The reason is because the county courthouse is the only place where someone can be indicted and have their charges heard when they falling within the grade of a fourth, third or second degree crime. These are the only grades of an assault by auto offense set forth by law so, by definition, you are facing an indictable charge if you were charged with this violation.
The assault by auto law is contained at N.J.S.A. 2C:12-1c(1) and provides that “[a]“ person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another.” A violation of this statute results in a fourth degree if the injured party suffers serious bodily injury and a disorderly persons offense if they sustain bodily injury. If the reckless conduct involves drunk driving or operating under the influence of drugs, however, the severity of this offense is enhanced. Assault by auto or vessel is a fourth degree crime if bodily injury results to the victim. An accident that occurs as a result of someone violating N.J.S.A. 39:4-50 triggers a third degree crime if victim suffers serious bodily injury and escalates further to a second degree crime if these circumstances exist in a school zone. A “school zone” is any location that is within 1,000 feet of property used for school purposes which is owned by or leased by an elementary or secondary school or school board.
Fourth degree assault by auto carries a range of penalties that include a fine of up to $10,000 and 18 months in jail. Third degree assault by auto results in a maximum fine of $15,000 and 5 years in prison. Both fourth degree and third degree assault by auto are eligible for Pretrial Intervention but a second degree violation is not. Second degree assault by auto triggers a fine that can reach $150,000 and 5-10 years of incarceration. Someone sentenced for a second degree crime in accordance with 2C:12-1(c) is also subject to a period of parole ineligibility that requires that they serve at least eight-five (85) percent of their sentence before the may be considered for release.
Hillsborough Assault By Auto Lawyer
If you or someone you know has been charged in Hillsborough with assault by auto consulting with an experienced criminal defense attorney is very important. The lawyers at the Bridgewater office of The Law Offices of Jonathan F. Marshall have decades of experience handling and defending criminal charges arising in Somerset County, including HIllsborough. We also happen to possess extensive training in the defense of DWI matters. Our knowledge and skills can provide a tremendous asset for someone like you who needs to avoid an assault by auto conviction and the penalties that apply under 2C:12-1(c). Contact our Somerset County Criminal Defense Firm at (908) 722-1011 for a free initial consultation.