Assault by Auto Defense Lawyers in Monmouth County, NJ

Experienced Criminal Defense Lawyers Handling Assault by Auto Charges in Hazlet, Holmdel, Ocean Township, Red Bank, and other Monmouth County towns

We are all tasked with being responsible drivers on the road. This means taking care to drive defensively and caring not only for ourselves and our passengers, but for the well-being of others on the roadways, including other motorists, pedestrians, and bikers. Unfortunately, accidents happen, and many cause injuries. In the case that an accident is caused by one person and a victim is injured, the victim has the right to file a personal injury lawsuit against the culpable party. That personal injury lawsuit may not occur in isolation. In fact, the person who caused the accident that left someone else injured can also be subject to an Assault by Auto charge under New Jersey criminal law. The necessary criteria in these scenarios is satisfied when the driver who causes the accident injury is considered to have been reckless in their actions leading to the accident, namely in blatant disregard for the well-being of others on the road. Assault by auto can lead to serious consequences not only for your criminal record, but also in the form of substantial fines and jail time. Read on to learn more about assault by auto charges in New Jersey and why it’s essential to have an attorney experienced in criminal defense and traffic law defending your case when you have been charged with assault by auto.

Each one of our criminal defense lawyers at Chamlin, Uliano & Walsh, has the experience to successfully handle your case, preserve your rights, and defend your innocence if you have been charged with assault by auto in Belmar, Red Bank, Holmdel, Rumson, Middletown, Freehold, and towns across Ocean and Monmouth County. To receive a consultation and talk to a lawyer who will listen to your case and find the best ways to protect you, contact our West Long Branch office at (732) 440-3950 or fill out our online form.

Assault by Auto Under NJ Law

N.J.S.A 39:4 addresses traffic law in New Jersey, and in its statutes, it speaks to elements of a New Jersey traffic infraction that lead to an assault by auto charge, such as reckless driving. To be legally qualified as assault by auto, four conditions must be true according to the governing statute, N.J.S.A. 2C:12-1c:

1. the person charged must have been operating a motor vehicle
2. they must have been driving in a reckless manner
3. they must have caused an accident, and
4. the accident must have caused the injury of an involved victim.

The severity of the charge depends on the severity of the victim’s injuries, the type of reckless conduct that the driver engaged in, and/or the location of the offense if the defendant was driving under the influence at the time of the accident. When alcohol is not involved in the driver’s accident and injury involving recklessness, nor does it take place in a school zone, the severity of a victim’s injury is the determining factor in the charge being a disorderly persons offense or it being a fourth degree crime.

Degrees of Assault by Auto Offenses

There are four degrees of assault by auto. The least severe is an assault by auto that is treated as a disorderly persons offense. This minor criminal offense is committed when a person is shown to have driven in a reckless way that caused a relatively minor form of bodily injury to another. ‘Minor injury’ to the body could be very small, even a bruise. A fourth-degree assault by auto charge is a more severe indictable crime in which a person is charged with causing “serious bodily injury” to another due to their recklessness on the road. A third-degree assault by auto charge is still more severe and results from someone causing serious bodily injury in an auto accident while driving under the influence of alcohol or drugs. And finally, a second degree assault by auto charge occurs when someone commits a third degree assault by auto offense while driving in a school zone.

Penalties for Assault by Auto in New Jersey

Assault by auto is a very serious crime, as it puts the lives of others in danger. As such, the penalties for assault by auto charges are quite harsh. A person who causes minor bodily injury to another due to their reckless driving can be sentenced to up to six months in jail for the disorderly persons offense, as well as be subject to fines amounting to $1,000. A fourth-degree assault by auto charge (causing serious bodily harm) carries a prison sentence of up to a year and a half (18 months), in addition to a maximum of $10,000 in fines and driving restrictions. A third-degree assault by auto involving a DWI is an offense carrying between 5 and 10 years in prison. And finally, a second-degree assault by auto occurring in a school zone can result in a sentence to imprisonment for 10 to 20 years.

Are You Facing Assault by Auto Charges in Freehold NJ? Don’t Hesitate to Call our Local Criminal Law Attorneys

If you have been charged with assault by auto in any of its four degrees, it is essential that you have the support and strategic defense of an experienced criminal lawyer. The complexity of assault by auto cases, based on the circumstances in which the accident occurred, requires that you have knowledge and experience in multiple forms of law, including traffic law, DWI law, and general criminal law, working to your advantage.

Your decision to hire a qualified lawyer can shave years off of a potential sentence, even preserving your freedom and your criminal record altogether, so it is essential to act immediately. At Chamlin, Uliano & Walsh, our criminal defense team is committed to making sure that you are protected from the harshest sentencing and violations of your fundamental rights after an assault by auto arrest in Freehold, Atlantic Highlands, Neptune, Wall Township, Eatontown, Spring Lake, or elsewhere in Monmouth County.

Give us a call at (732) 440-3950 or toll-free at (888) 328-9131 for a confidential consultation regarding your criminal or motor vehicle case.