Assault by Auto

Mercer County NJ Assault by Auto Lawyer

Need Local Assault by Auto Lawyer in Mercer CountyAssault by auto is a serious criminal offense in New Jersey and as such it requires the assistance of an experienced criminal defense lawyer. Most assault by auto charges issued in Mercer County stem from a motor vehicle accident in which the Defendant is accused of being under the influence of drugs or alcohol. As you will see below, this offense can either be a disorderly persons offense (misdemeanor) or a second, third or fourth degree felony. The difference between a misdemeanor and a felony conviction could be the difference between a Defendant receiving a probationary sentence at worse or a ten (10) year State Prison sentence.  If you have been accused of assault by auto, aggravated assault, eluding, resisting arrest, possession of heroin, DWI, DUI, death by auto or any other offense for that matter in Mercer County, the Law Offices of Proetta & Oliver can help. At Proetta & Oliver we pride ourselves on zealously advocating on our client’s behalf. We fully understand what a criminal conviction could do to one’s life. If you would like to come into our office for a face to face consultation with one of the attorneys on staff then please contact us at (609) 789-0779. Our office serves all of Mercer County, including towns like Hamilton, Trenton, Princeton, Robbinsville, East Windsor, West Windsor and Ewing. If you have any questions please do not hesitate to contact us and as always our initial consultations are free of cost. For more information on assault by auto charges, please see below.  

Assault by Auto Charge in Mercer County: N.J.S.A. 2C:12-1(c)

The assault by auto offense is governed by N.J.S.A. 2C:12-1(c). As touched upon above, assault by auto can be either a misdemeanor or a felony offense. There are several factors which will dictate what degree of assault by auto a Defendant is charged with. They include the following:

  • Type of injury suffered;
  • Location of the accident (i.e. school zone); &
  • Was the Defendant intoxicated or under the influence.

The five most common scenarios in which  a Defendant finds themselves being charged with a assault by auto in Mercer County include the following.

Misdemeanor Assault by Auto Charges in NJ:

In order to be convicted of a disorderly persons offense (misdemeanor) assault by auto, the prosecution is going to have to establish beyond a reasonable doubt at least three material elements:

  • That the Defendant was driving a vehicle or vessel;
  • That the Defendant caused bodily injury to another; &
  • The bodily injury was caused as a result of the Defendant’s reckless driving.

4th Degree Assault by Auto Charges in NJ:

In order to be convicted of a fourth degree felony offense assault by auto, the prosecution is going to have to establish beyond a reasonable doubt at least four material elements:

  • That the Defendant was driving a vehicle or vessel;
  • That the Defendant caused bodily injury to another;
  • The bodily injury was caused as a result of the Defendant’s reckless driving;
  • The Defendant was operating his vehicle while intoxicated or he/she refuse to submit to a breath test.  

3rd Degree Assault by Auto Charges in NJ:

In order to be convicted of a third degree felony offense assault by auto, the prosecution is going to have to establish beyond a reasonable doubt at least three material elements:

  • That the Defendant was driving a vehicle or vessel;
  • That the Defendant caused serious injury to another;
  • The bodily injury was caused as a result of the Defendant’s reckless driving;
  • The Defendant was operating his vehicle while intoxicated or he/she refuse to submit to a breath test.  

2nd Degree Assault by Auto Charges in NJ:

In order to be convicted of a second degree felony offense assault by auto, the prosecution is going to have to establish beyond a reasonable doubt at least three material elements:

  • That the Defendant was driving a vehicle or vessel;
  • That the Defendant caused serious injury to another;
  • The bodily injury was caused as a result of the Defendant’s reckless driving;
  • The Defendant was operating his vehicle while intoxicated or he/she refuse to submit to a breath test;
  • The incident occurred on or within 1000 feet of a school zone.

So one of the main factors which is used to determine what degree of aggravated assault a Defendant gets charged with is the type of injury suffered. Bodily injury has been defined as causing physical pain, illness or any impairment of a physical condition. Conversely, serious bodily injury has been defined as causing an injury “that creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ”. So as you can tell from reading, these two type of injuries are significantly different and it should be no surprise to hear that the potential penalties are significantly different as well.

What are the Penalties for Assault by Auto in NJ?

Charged with a violation of NJSA 2C:12-1(c) in NJ?

If you have been arrested and charged with assault by auto in the second degree a Defendant is facing the following penalties:

  • Five to ten years in a State Prison;
    • Presumption of imprisonment exists.
  • Fine up to $150,000;
  • Felony Criminal Record.

If you have been arrested and charged with assault by auto in the third degree a Defendant is facing the following penalties:

  • Three to Five years in a State Prison;
    • Presumption of imprisonment does not exist.
  • Fine up to $15,000;
  • Felony Criminal Record.

If you have been arrested and charged with assault by auto in the fourth degree a Defendant is facing the following penalties:

  • Up to Eighteen Months in a State Prison;
    • Presumption of imprisonment does not exist.
  • Fine up to $10,000;
  • Felony Criminal Record.

If you have been arrested and charged with a disorderly persons assault by auto a Defendant is facing the following penalties:

  • Up to Six Months in the Mercer County Jail;
    • Presumption of imprisonment does not exist.
  • Fine up to $1,000;
  • Criminal Record.

West Windsor NJ Assault by Auto Lawyer

If you have been charged with assault by auto, DWI, aggravated assault, cocaine possession, marijuana possession, criminal mischief or any other offense for that matter in Mercer County, the Law Offices of Proetta & Oliver can help. Our team of attorneys appear in courts throughout Mercer County, including the Mercer County Superior Courthouse, the Hamilton Municipal Court, the West Windsor Municipal Court, the Hopewell Municipal Court, the Trenton Municipal Court and the Robbinsville Municipal Court. If you would like to come into our office and discuss your options with one of our Mercer County assault defense attorneys then please contact us at (609) 789-0779. We try to make ourselves available around the clock to help assist in anyway possible.