Camden County Assault by Auto Lawyer
Criminal Defense Attorney in Collingswood, New Jersey
A person is usually charged with assault by auto when his or her reckless driving causes another person to be injured. Getting distracted for even a second while driving can result in an accident that can have several significant consequences such as jail time, license suspension, a criminal record, and heavy fines. If you have been charged with assault by auto, it is crucial that you speak to a talented and knowledgeable attorney who can get you the most desirable result in your case.
The attorneys at the Tormey Law Firm have had tremendous success handling threat and assault related offenses for years in Camden County including Gloucester, Winslow Twp., Cherry Hill, Pennsauken, and Haddonfield. In fact, one of the members of our criminal defense team is a former county prosecutor in New Jersey who used to prosecute assault charges for the State. If you have been charges with assault by auto, having an attorney who knows what it takes to potentially beat the charges against you is imperative. Call the Tormey Law Firm at 877-450-8301 anytime for a free initial consultation.
New Jersey Assault by Auto Statute: N.J.S.A. 2C:12-1c
Assault by Auto is explained under N.J.S.A. 2C:12-1c. It provides:
A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.
Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of 39:4-50 (Driving While Intoxicated) or 39:4-50.4a (Refusal to submit to a breath test) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and bodily injury results.
Second degree assault by auto occurs if serious bodily injury results from the defendant operating the auto or vessel while in violation of 39:4-50 or 39:4-50.4a while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a designated school crossing
(c) driving through a non-designated school crossing knowing that juveniles are present.
If bodily injury occurs as a result of violation of this subsection, it is a third degree crime.
Penalties for Assault by Auto in New Jersey
Second Degree assault by auto is punishable by 5-10 years in NJ State Prison
Third Degree assault by auto is punishable by 3-5 years in NJ State Prison
Fourth Degree assault by auto is punishable by up to 18 months in NJ State Prison
Note: The crucial factor in determining the penalties you will be facing for assault by auto is what degree you are charged with. Whether you hit the victim intentionally, hit them while driving recklessly, or hit someone while evading police, the most important consideration is usually going to be the seriousness of the injury. Further, if the victim dies, the prosecutor may choose to charge you with more serious offenses such as murder and reckless manslaughter.
Contact a Gloucester Assault by Auto Lawyer for a Free Consultation
The criminal defense attorneys at the Tormey Law Firm are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against an assault by auto charge. Our criminal defense team understands the details of the law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.