New Jersey Assault By Auto Lawyers
Assault by Auto in New Jersey is said to have been committed when an individual drives a vehicle or motorized watercraft in a reckless manner, and this act causes bodily harm to another person or persons. It is not necessary that there was intent to cause harm on the part of the driver of the vehicle — reckless conduct is all that is required.
Factors and Gravity of Charges in New Jersey
There are many factors that come into play in order to determine the gravity and level of charges falling under the Assault by Auto statute – it can be charged as a disorderly person’s offense, or an indictable offense, depending upon if such influences as drugs or alcohol were involved, and the extent of the injuries sustained.
The injuries caused by the Assault by Auto can be described as follows:
- Bodily Injury: includes a physical pain, illness, or impairment of physical function.
- Serious Bodily Injury: includes any risk of death, permanent disfigurement, or impairment of any body part or organ.
Burden of Proof for Assault by Auto Convictions
In order to establish a guilty verdict of Assault by Auto, it is necessary for the prosecution to satisfy three main conditions:
1. To prove that the defendant was indeed driving the vehicle;
2. To prove that there was bodily injury or serious bodily injury caused by the defendant; and
3. To prove that such injury was caused by the reckless driving by the defendant of his or her vehicle.
Incarceration and large fines are the Penalty for Assault by Auto convictions in New Jersey
The punishment for the crime of Assault by Auto in the fourth degree (which involves serious bodily injury), is up to 18 months in jail and up to $10,000 in fines. Assault by Auto with none to only minor injuries is up to 6 months in jail and up to $1,000 in fines.
There are other circumstances which elevate the crime of Assault by Auto to third degree such as if the assault is committed on or near school property, and/or while the individual is driving the vehicle under influence of alcohol and/or drugs (DWI) which causes serious bodily injury to another human being.
Contact our New Jersey assault by auto lawyers
The New Jersey criminal defense team, including several ex-prosecutors, at the law offices of Aiello, Harris, Marth, Tunnero & Schiffman, P.C. has successfully represented a great many people in New Jersey who have faced the serious violent criminal charges of assault by auto. The sooner we can begin to plan your defense to ensure the best outcome of your case the better. For a free initial consultation, call us today at (908) 561-5577 or contact us online. Your initial consultation is free.