{"id":5342,"date":"2025-05-28T15:44:53","date_gmt":"2025-05-28T15:44:53","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5342"},"modified":"2025-06-11T14:57:12","modified_gmt":"2025-06-11T14:57:12","slug":"segun-la-ley-de-nueva-jersey-que-significa-exactamente-la-agresion-por-automovil-assault-by-auto","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/under-the-new-jersey-law-what-exactly-does-assault-by-auto-mean\/","title":{"rendered":"Seg\u00fan la ley de Nueva Jersey, \u00bfqu\u00e9 significa exactamente \u2018agresi\u00f3n por autom\u00f3vil\u2019?"},"content":{"rendered":"
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A person charged with an \u201cAssault by Auto\u201d violates N.J.S.A. 2C:12-1c<\/a>. This can be an indictable criminal offense in New Jersey. In other legal systems or States, it is a felony. By definition, you might be charged with \u201cAgresi\u00f3n por autom\u00f3vil<\/a>\u201d in New Jersey if you have driven \u201crecklessly\u201d AND have caused bodily injury to another person. Bodily injury<\/strong> is physical pain, illness, or any impairment of physical condition. Serious bodily injury<\/strong> refers to a bodily injury that creates a substantial risk of death, or severe, permanent disfigurement, protracted loss, or impairment of the function of any bodily member or organ.<\/p>\n\n\n\n

What Is Included As Reckless Conduct As It Relates To Assault By Auto Under New Jersey Law?<\/h2>\n\n\n\n

An Assault by Auto is \u201cnormally\u201d connected with a Conducir bajo los efectos del alcohol o las drogas<\/a>, as it is the easiest way to show recklessness; however, recklessness can mean many things. If, for example, a person was racing on the highway and caused an accident in which another person sustained bodily injury, there are grounds to charge the defendant with Assault by Auto. If the use of a cell phone while driving leads to an accident in which someone is injured, it can also give rise to a charge of Assault by Auto.<\/p>\n\n\n\n

What Are The Different Grades Or Levels Of Assault By Auto Charges In New Jersey?<\/h2>\n\n\n\n

Generally, a defendant charged with Assault by Auto where a DWI is alleged in New Jersey will be facing a fourth, third, or second-degree crime, which is all indictable offenses; however, there are circumstances in which the charge might consider a disorderly person offense.<\/p>\n\n\n\n

How Does The Severity Of Injuries On The Victim Affect The Charge Of Assault By Auto In New Jersey?<\/h2>\n\n\n\n

If a defendant is charged with Assault by Auto in New Jersey, he generally faces a fourth-degree crime. If the circumstances prove that the victim in the case has a serious bodily injury <\/strong>resulting directly from the defendant\u2019s reckless conduct, he could be found guilty of Assault by Auto under fourth degree and sentenced up to 18 months in jail and $10,000.00 in fines.<\/p>\n\n\n\n

The grade of the crime will increase if the defendant was driving under the influence of liquor or drugs during the time of the offense, a violation of <\/strong>N.J.S.A. 39:4-50<\/a>. This means that a defendant guilty of DUI\/DWI and Assault by Auto with serious bodily injury is a third-degree crime. If nonserious bodily injury occurs, it is a fourth-degree crime.<\/p>\n\n\n\n

If the defendant is driving recklessly, while in violation of the DUI\/DWI statute, and is on or within 1000 feet of school property, and serious bodily injury <\/strong>occurs, it will be elevated to a second-degree crime. If nonserious bodily injury <\/strong>occurs, it will be a third-degree crime.<\/p>\n\n\n\n

Assault by Auto could be considered a disorderly person offense if a defendant was NOT proven to have been driving while intoxicated, and is found to have caused nonserious bodily injury; <\/strong>however, if convicted, he still faces up to six (6) months in jail, and a fine of $1,000.00.<\/p>\n\n\n\n

What Are Assault By Auto Penalties In New Jersey?<\/h2>\n\n\n\n

As with all indictable criminal charges for violent crimes, the maximum monetary penalties for convictions of assault by auto are astronomical:<\/p>\n\n\n\n