Being charged with a crime like assault by auto can be terrifying. In fact, most of clients charged with assault by auto, especially in Somerset County, will be dealing with the criminal justice system for the very first time, which can only increase those fears. The main reason behind that is because most assault by auto charges occur as a result of a brief lapses in judgement, meaning, when alcohol is involved. If you have been charged with assault by auto, death by auto, aggravated assault, driving while intoxicated, endangering the welfare of a child or eluding in Somerset or Hunterdon County it is crucial that you speak to an experienced criminal defense lawyer as soon as possible. Hiring the right attorney, one who not only knows how to defend these specific types of charges but who is also familiar with the specific courts can go a long way to alleviating some of that stress. If you would like to speak to one of the experienced Somerset County criminal defense attorneys at Keith Oliver Criminal Law about your options, then please contact us at (908) 533-1064.
Assault by Auto is a very serious crime in and should not be taken lightly. As you will see below, depending on the underlying degree of the offense, a Defendant could be facing up to a decade behind bars. Furthermore, the prosecution now has the ability to seek to detain a Defendant in the county jail, pending trial, without bail. To do so, the prosecution must file for a Detention Hearing. At that hearing, it will be their burden to establish that it is necessary to either protect society, assure the Defendant’s appearance in court or to prevent the Defendant from obstructing the prosecution of their case. These hearings can and always should be contested. If you would like to speak to one of our Hunterdon County criminal defense attorneys about your options at a detention hearing then please contact us at (908) 533-1064. We serve all of Somerset and Hunterdon County, including towns like Franklin, Readington, Raritan, Clinton, West Amwell, Bernard, Bedminster, Warren, Lambertville, South Bound Brook, Bridgewater and Watchung. Do not let a simple mistake jeopardize your future.
Assault by Auto Defense Attorneys in Hunterdon County NJ
Assault by auto charges will be governed by NJSA 2C:12-1c in New Jersey. The statute has really been broken down into three different factual scenarios, when alcohol is not involved, when alcohol is involved and when alcohol is involved and the incident occurs in a school zone. Not only has the legislature chosen to break the statute down into three different subsections but they have also chosen to make each subsection a different degree. Meaning that the penalties drastically change depending on what subsection a Defendant is charged with. To be convicted of this offense, the prosecution must be able to prove that the Defendant was operating the motor vehicle or vessel (boat) and as a result of their driving, they caused the the injury to the victim. The specific type of injury required will be dictated by what degree of assault by auto the Defendant is charged with. Here is a chart that will not only break down the different degrees but the potential penalties if convicted.
| Degree | Statute | Elements | Penalties |
| 2nd Degree Felony | NJSA 2C:12-1(c)3 | Victim Suffers Serious Bodily Injury & DWI in a School Zone |
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| 3rd Degree Felony | NJSA 2C:12-1(c)2 | Victim Suffers Serious Bodily Injury & DWI |
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| 4th Degree Felony | NJSA 2C:12-1(c)1 | Victim Suffers Bodily Injury & DWI; or Victim Serious Bodily Injury |
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| Disorderly Persons Offense (Misdemeanor) | NJSA 2C:12-1(c)1 | Victim Bodily Injury |
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NJSA 2C:11a has defined bodily injury as any injury that cause “physical pain, illness or any impairment of physical condition. This is the lowest level of “injury” under the New Jersey criminal code”.
NJSA 2C:11b has defined serious bodily injury as any 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”. This is the highest level of “injury” under the New Jersey criminal code.
As you can see, these are very serious charges and if not handled properly could land a Defendant behind bars for up to a decade. If you would like to speak to one of our Somerset County criminal defense lawyers about your options, then please contact us at (908) 533-1064. For more information on how to defend a driving while intoxicated charges in New Jersey please click the link.
Assault by Auto Lawyers in Bridgewater NJ
If you have been accused of assault by auto, death by auto, driving under the influence, eluding, endangering the welfare of a child or vehicular homicide in New Jersey, the Keith Oliver Criminal Law can help. The potential penalties that one faces if convicted of assault by auto in New Jersey can be life changing. If you would like to speak to one of our criminal defense attorneys about your options then please contact us at (908) 533-1064. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us. We serve all of Somerset County, including Manville, Far Hills, Hillsborough, Bridgewater, Somerville, Franklin, South Bound Brook, Raritan, Flemington and Readington.