Assault by Auto - the Law - Penalties - Defenses

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NJ Assault by Auto Attorney

The law in NJ contains a specific provision which addresses assaults involving automobiles. An assault by auto case can come in the form of a disorderly persons offense, fourth-degree crime, third-degree crime or even a second-degree crime. This can be a very serious offense with significant jail exposure and requires the involvement of an attorney experienced in both traffic law and criminal defense.

Our firm, Marshall Criminal Defense, possesses this knowledge and expertise needed to successfully defend a New Jersey assault by auto offense. Our qualifications are truly exceptional, including:

  • A team of 15 lawyers that limit their practices exclusively to defending the accused
  • Over 200 years of collective experience representing individuals charged with aggravated assault, vehicular homicide and auto related accidents throughout New Jersey
  • Former county prosecutors that have served at the highest levels such as Director of Major Crimes, Juvenile, Special Operations and even an entire Trial Division
  • Certified criminal trial attorneys
  • A history of favorable outcomes spanning decades

If you were charged with assault anywhere in NJ, our lawyers certainly have the tools to help you avoiding a conviction and penalties. Call us at 855-450-8310 for a free initial consultation with a talented attorney on our team anytime 24/7.

Marshall Criminal Defense, with offices in Hudson County, Bergen County, Union County, Camden County, Monmouth County, Middlesex County, Ocean County, Burlington County or elsewhere in the New Jersey, defends clients charged with assault by auto, aggravated assault and vehicular homicide arising out of serious motor vehicle accidents.

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The Assault by Auto Law

The New Jersey Assault by Auto law is set forth at N.J.S.A. 2C:12-1c.  An individual commits this offense if they operate a motor vehicle recklessly and cause either serious bodily injury or bodily injury. Recklessness exists where a motorist shows extreme indifference to the welfare of others, for example, where they are speeding excessively or commit reckless driving. There are a slew of other traffic violations that also constitute reckless operation under 2C:12-1c. In this regard, recklessness is conclusively established where a motorist is convicted for driving while intoxicated under N.J.S.A. 39: 4-50 or refusal to submit to a breath test in violation of N.J.S.A. 39:4-50.4.

There are four (4) elements that the prosecutor must established, beyond reasonable doubt, in order to obtain a conviction for assault by auto. The state must prove that the accused was:

  1. the operator of a car or other motor vehicle;
  2. engaged in reckless conduct;
  3. caused an accident; and
  4. an injury was sustained as a result of the accident.

If the prosecution convinces a jury that these elements exist, a conviction for assault by auto will be established.

 

 

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Grading of Offense

The grading of an assault by auto charge hinges on the severity of the injuries sustained, as well as the nature of the recklessness. When reckless operation results in bodily injury to another, assault by auto is a disorderly persons offense. If the accident results in serious bodily injury, the offense is a fourth degree crime.

When assault by auto stems from operating while intoxicated (“DWI”) and results in bodily injury, the violation is a fourth degree crime.  The violation escalates to a third degree crime when a DWI related accident results in serious bodily injury. It is a second degree crime when the same circumstances occur within 1,000 feet of school property.

An individual can also commit third degree assault by auto by virtue of aggressive driving. A motorist operates in this manner in violation of N.J.S.A. 2C:12-1c(4) if they unexpectedly alter their speed, make improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or follow another vehicle too closely.

 

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Proof of Reckless Operation

An individual must drive recklessly in order to expose themself to an assault by auto offense. Recklessness means that the motorist acted in conscious disregard of a substantial and unjustifiable risk of injury to others. There are numerous ways for the prosecutor to prove reckless conduct in violation of 2C:12-1c. The most frequently encountered scenario for assault by auto is someone operating while under the influence of drugs or alcohol. There are numerous other bases such as falling asleep while driving, driving after not sleeping for a period of more than 24 consecutive hours, or driving while texting or operating a cell phone.

 

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Penalties

Assault by auto is a disorderly conduct offense under N.J.S.A. 2C:12-1(c)(1) where it results in “bodily injury.” The penalties for a disorderly persons offense include up to six (6) months in the county jail, a fine of up to $1,000 and the possibility of a driver’s license suspension.

It is a fourth degree crime for someone to operate an automobile recklessly that results in “serious bodily injury” to another. The penalties for fourth degree assault by auto includes up to eighteen (18) months in prison and a maximum fine of $10,000.

Assault by auto is a third degree crime where “serious bodily injury” results from a DWI-related accident. It is also third degree assault by auto to commit this offense as the result of aggressive driving. The penalties for this grade of assault by auto are up to five (5) years in prison and a fine that can reach $15,000.

A second degree crime arises where someone causes serious bodily injury as a result of a DWI-related accident. The penalties for second degree assault by auto include five (5) to ten (10) years in prison and a $150,000 potential fine.

 

 

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Defenses to Assault by Auto

There are numerous defenses that a savvy attorney can utilize to defeat an assault by auto charge in New Jersey. The following are some of the more common defenses arising under 2C:12-1c:

The Accused Didn’t Operate Recklessly. A fundamental element of this offense is evidence that the defendant operated his/her vehicle recklessly. Reasonable doubt concerning this element negates this requirement.

The Accused Did Not Cause An Accident. There must be an accident that was caused by the defendant. If there wasn’t an accident, you cannot have an assault by auto.

There Was No Injury. For someone to have been assaulted, by auto or otherwise, they must have sustained some level of injury. There is no assault by auto absent this element.

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How Our NJ Assault By Auto Attorneys Can Help You

If you or a loved one has been charged with assault by auto, Marshall Criminal Defense is here to assist you. Our team has decades of success representing clients arrested for assaulting someone with their car, truck, boat or other vehicle. To speak to an attorney with the know-how to help you escape a conviction, jail, a license suspension, and other penalties, contact us anytime 24/7. Lawyers are available now at 1-855-927-0372 to discuss the facts surrounding your case and to advise you as to your best options. Give us a call now for sound legal guidance from an accomplished criminal defense lawyer.

Contact Marshall Criminal Defense in Jersey City, Camden, Freehold, New Brunswick, Elizabeth, Toms River, Mount Holly, Trenton or another location, if you or a loved is looking for an attorney to defend an assault by auto charge in New Jersey.

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Frequently Asked Questions in New Jersey Assault by Auto Cases

Assault by Auto

How Will An Assault By Auto Conviction Affect My Driving Privileges? 

The New Jersey Motor Vehicle Commission (MVC) may suspend your driver’s license for reckless driving or other circumstances manifesting a lack of reasonable care in operating a motor vehicle. An accident resulting in an assault by auto conviction is, by definition, an act of reckless driving. Accordingly, you can expect a license suspension if you are found guilty or plead guilty for this offense. You can also face suspension independently if you were driving while intoxicated.

What Constitutes Aggressively Driving A Vehicle Under the New Jersey Assault by Auto Law?

The offense of assault by auto or vessel is a crime of the third degree if you purposely drive a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results. Assault by auto is a crime of the fourth degree if you purposely drive a vehicle in an aggressive manner directed at another vehicle and bodily injury results. The term, “aggressively driving a vehicle” includes, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.

Can You Expunge A Conviction For Assault By Auto In NJ?

Yes. In New Jersey, you may expunge a conviction for assault by auto. Eligibility questions concerning expunging a criminal record can be answered easily in most cases by our attorneys. In this regard, New Jersey law imposes relatively clear eligibility requirements which limit the grounds under which someone can expunge a criminal arrest or criminal conviction. There are, however, exceptional situations wherein a deviation from these imitations can be obtained such as, for example, where multiple indictable convictions stem from a scheme or criminal spree. Our expungement lawyers know when and how to present these arguments.

Is Assault By Auto Eligible For Pretrial Intervention (“PTI”)?

Pretrial Intervention, also know as PTI, is a diversionary program that allows a first-time offender to avoid a criminal conviction and associated penalties.  Criminal offenses falling within the grade of a third degree crime or fourth degree crime are eligible for this program. The typical term of the program is one year and, upon completion, results in dismissal of the related criminal charge.

Can You Be Charged With Assault by Auto For Causing An Accident Because Of Texting or Using Your Cell Phone?

A person may be found guilty of assault by auto or boat when that person causes either serious bodily injury or bodily injury to another by driving recklessly or purposely. To be convicted of assault by auto, the State may only have to prove that you drove a vehicle or vessel recklessly rather than purposely. This means that the State must prove beyond a reasonable doubt that you were aware that you were operating a vehicle or vessel in such a manner or under such circumstances that created a substantial and unjustifiable risk of bodily injury or serious bodily injury to another person. Further, the State must prove beyond a reasonable doubt that you consciously disregarded this risk and that the disregard of the risk was a gross deviation from the way a reasonable person would have conducted themselves under the circumstances.

Use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway is illegal, unless the telephone or device is used hands-free. The operator of the motor vehicle is also obligated to exercise reasonable caution in the operation of the motor vehicle. Proof that you were illegally operating a hand-held wireless telephone (a.k.a. cell phone) while driving a motor vehicle may give rise to an inference that you were driving recklessly and lead to a conviction for assault by auto. Recklessness is also conclusively established for purposes of assault by auto if you are convicted of drunk driving or refusing to submit to a breath test under New Jersey law.

Does The Assault By Auto Law Apply To Operation of a Boat or Moped

The provisions of the New Jersey assault by auto statute are also applicable to boats. Under the assault statute, a “vessel” means a means of conveyance for travel on water and propelled other than by muscular power. For example, a boater who causes an accident while driving while intoxicated (“DWI”) is exposed to an assault by auto charge if their negligent operation results in bodily injury, serious bodily injury or significant bodily injury to another person.

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