Assault by Auto Lawyer in New Jersey
New Jersey Criminal Defense Attorney Fights for Those Facing Assault by Automobile Charges in Camden, Gloucester, Burlington, Atlantic, Salem, Mercer, and Cape May County, NJ
Assault by auto charges in the state of New Jersey can have serious consequences and can be categorized as something as small as a disorderly persons offense to something as severe as a second-degree assault. What degree your charges will be categorized as will depend highly on your unique scenario such as location or if alcohol or drugs were involved. It also heavily will depend on choosing the right New Jersey criminal assault defense attorney to defend you in court and use their expertise to get your sentencing and penalties reduced. Contact Jill R. Cohen, Esq. today for a free initial consultation regarding your assault by auto charges.
Assault by Automobile Criminal Degree Charge Categories in New Jersey for Salem and Gloucester County Residents
A person is considered guilty of an assault by automobile crime under the New Jersey statute N.J.S.A 2C:12-1(c)(1) if he or she operates a motor vehicle in a reckless manner and causes an accident that results in any type of injury to another person. Intent and severity of the injury are irrelevant to be convicted of this crime. However, there are different degrees of severity for assault by auto, with different penalties associated with them.
These degree categorizations and penalties are as follows:
- Disorderly Persons Assault by Auto: This occurs when any type of bodily injury, regardless of severity, is caused as a result of reckless driving of an automobile, motorcycle, or boat. There is a maximum fine of $1,000 and six months in jail as associated penalties.
- 4th Degree Assault by Auto: Similar to the lowest crime level, except this crime level is associated with “serious bodily injury” when the driver causes harm to another. A conviction could land you up to 18 months in jail and up to a $10,000 fine.
- 3rd Degree Assault by Auto: If drugs or alcohol were involved in your reckless driving that causes harm to another, you may be charged with a third-degree offense, which can result in a 10-year maximum prison sentence. This is considered a separate crime and charge to any DUI, DWI, or DUID charges.
- 2nd Degree Assault by Auto: If the crime happens to occur in or near a designated school zone or in an area where you aware of the presence of juveniles, an assault by auto charge can be upgraded to a 2nd-degree criminal charge. This level of conviction could lead to 10-20 years of incarceration. If the use of a smartphone is proved to be part of the cause of your recklessness, you can also have your criminal charges upgraded to a more serious level of 3rd or 2nd depending on the severity of the injuries you inflict on the victim(s).
Additional Criminal Charges You Can Face in New Jersey In Regards to an Assault by Auto Case
If you were driving while under the influences of drugs or alcohol, you can face separate DUI/DWI or DUID charges and risk the suspension or loss of your license, the installation of an ignition lock system, and heavy fines.
It is important to note that should the individual you harmed with vehicle die later from injuries sustained at the hospital, this can be classified as a death by auto case and a potentially separate criminal charge. If they die much later on from complications of the injuries they sustained after recovery, you could also face a wrongful death suit by their family.
Whatever you do, do not flee the scene of an accident you are in, whether you caused it or not. In cases in which you caused the accident in any way, especially an assault by auto scenario, is considered to be a “hit and run” and is a separate criminal charge that carries with it very serious penalties if convicted.
Schedule a Free Consultation with a Dedicated South Jersey Criminal Assault by Auto Defense Attorney Today
Not only can a quality defense litigator help you in New Jersey court, but they can also look over your case to give you an idea of what degree criminal offense your case might get categorized as. This is truer if you select Jill R. Cohen as your criminal assault defense attorney. She has worked for decades in the New Jersey and Philadelphia area and has experience working for both the prosecution and defense side of the legal battlefield. If there is anyone who will know what to expect with your case and how to combat the prosecution, it is attorney Jill R. Cohen. Contact her today to get a free initial consultation and a legal advisor you can depend on. Jill Cohen has been representing criminal defendants throughout New Jersey in Camden, Cherry Hill, Gloucester Township, Winslow, Pennsauken, Voorhees, Lindenwold, Haddon Township, Collingswood and Haddonfield.