Edison NJ Assault by Auto Lawyer
Vehicular Assault Defense Attorneys in Middlesex County, New Jersey
Pursuant to New Jersey law there is a criminal statute called Assault by Auto. This normally occurs when reckless driving results in injury to another. Assault by Auto charges are serious in this state as they are often categorized as indictable felony charges but penalties may differ in severity depending upon the circumstances. Nevertheless, a conviction for Assault by Auto will result in a permanent criminal record and can expose you to license suspension, incarceration, fines, and community service. An experienced criminal attorney can challenge the state’s case against you while working with prosecution to secure a downgraded offense or even a dismissal of the charge altogether.
At The Law Offices of Proetta & Oliver, our attorneys have successfully defended thousands of clients against criminal and municipal charges in Middlesex County and throughout New Jersey. We represent clients facing vehicular assault charges in Middlesex County and surrounding areas including Woodbridge, New Brunswick, East Brunswick, Edison, Plainsboro, Old Bridge, Sayreville, Metuchen, and Monroe Township. To learn more about how our Assault by Auto defense attorneys can help you or to build a case strategy customized to the facts of your case, then contact us at (732) 659-9600. Initial consultations are always free, and our representatives are available 24/7 to answer your call.
N.J.S.A. 2C:12-1(c) New Jersey Assault by Auto Law
The New Jersey assault by auto statute 2C:12-1c is provided below, in pertinent part, for your reading convenience. This article goes on to describe how an assault by auto charge is graded for the severity of the crime.
N.J.S.A. 2C:12-1c. Assault by Auto
(1) 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. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.
What is Assault with a Vehicle?
The general elements of assault by auto are that that the defendant (1) was the operator of the motor vehicle; (2) that they drove recklessly or engaged in reckless conduct; (3) which caused an accident; and (4) and an injury resulted. However, under the New Jersey law, the charge can vary in severity or “degree” depending on all other factors surrounding the incident.
- Assault by Auto Disorderly Persons Offense – this results when the victim sustained “bodily injury” or minor injury.
- Fourth Degree Assault by Assault – the charge is upgraded to a felony when the victim suffers “serious bodily injury”.
- Third Degree Assault by Auto – it is a third degree offense is the victim suffered serious bodily injury from a DWI related accident.
- Second Degree Assault by Auto – the charge is upgraded to a second degree crime if the DWI related accident took place within a school zone.
Contact a Plainsboro NJ Auto Assault Attorney for Answers
The penalties for an Assault by Auto conviction typically depend upon the severity and scope of the victim’s injury and whether or not the injury suffered can be classified as a “serious bodily injury.” In cases involving DWI charges, the level of intoxication as well as the state’s ability (or inability) to prove the intoxication can often be contested as well. This offers an experienced criminal defense lawyer some leeway when negotiating with the prosecution to resolve the case. At the Law Offices of Proetta & Oliver, we are a highly experienced team of attorneys that understand how to challenge the weaknesses of the state’s case against you and work with the prosecution for a downgrade or dismissal. We offer free initial consultations for prospective clients so contact us today at (732) 659-9600 to speak with a criminal attorney who can answer your questions and address your concerns. We are also available to meet you at our conveniently located offices in Edison.