Assault by Auto
If you were arrested in Ewing or another municipality for assault by auto, there are several things that you need to know. First and foremost, you are facing a felony criminal offense that will have to be directed to the county courthouse in Trenton for resolution. The second thing you should understand is that this offense carries years in state prison whether your conduct involved a DWI or some other form of poor judgement. At The Law Offices of Jonathan F. Marshall, our team of lawyers possess over 100 years of experience defending clients charged with assault by auto in Ewing, Trenton, Lawrence, Hamilton, Princeton and other New Jersey locations. An attorney with the know-how to guide you through this difficult circumstances is ready to help you by contacting us anytime 24/7 for a free consultation. Call 609–683–8102 to speak to a lawyer now.Assault By Auto Offense in Trenton New Jersey
The offense of assault by auto is set forth at N.J.S.A. 2C:12-1c. This charge contemplates some form of reckless operation of a motor vehicle resulting in injury to another person. An individual behaves recklessly when they consciously disregard a substantial and unjustifiable risk of injury to another person. The statute specifically identifies driving while intoxicated and use of a cell phone while driving as conduct that is reckless. The more specific elements that must be established by the Mercer County Prosecutors Office are: (1) the defendant was the operator of a motor vehicle or vessel; (2) they were operating the car, boat, motorcycle or truck recklessly; and (3) the operation of the accused resulted in injury to another. Assault by auto based on reckless conduct is a fourth degree crime.
Assault by auto stemming from reckless conduct that does not involve DWI, DUI or Refusing to Provide Breath Sample is a fourth degree crime when it results in serious bodily injury. If an individual violates N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4 and it results in an accident with injury to another, assault by auto has been committed. This conduct results in a fourth degree crime when bodily injury is sustained and a third degree crime when serious bodily injury is sustained. When the operation is in a school zone (i.e. within 1,000 feet of school property) or school crossing, assault by auto for driving while intoxicated is a second degree crime.
Assault by Auto & Second Degree Aggravated Assault.It is important to keep in mind that an alcohol related accident also has the potential to result in a second degree aggravated assault charge. The basis for this offense is the allegation that the accused operated his/her motor vehicle under circumstances manifesting extreme indifference to the value of human life contrary to 2C:12-1b(1).Penalties for Assault By Auto
| Grade of Assault By Auto|| Maximum Fine|| Incarceration|
|Second Degree||$150,000||5-10 Years|
|Third Degree||$15,000||Up to 5 Years|
|Fourth Degree||$10,000||Up to 18 Months|
With major roadways like U.S. Route 1, Interstate 95 & 295 and U.S. Route 206 running through the township, Lawrence has many opportunities for accidents and so too assault by auto. If you struck another vehicle, tree or had any other collision that resulted in an assault by auto offense, a lawyer in our Lawrence Township Office is prepared to assist you immediately. We have significant knowledge in both DWI and assault by auto defense with over a century of practicing in Mercer County including towns like Robbinsville, East Windsor, Hightstown, West Windsor and Hopewell. Call 609–683–8102 to speak an attorney about your case in a free initial consultation.