NJ Assault by Auto Lawyers

NJ Assault by Auto Lawyers

Being charged with assault by auto in New Jersey can be scary. But with the right lawyer on your side, you can get through this. In this article, we’ll break down the assault by auto law in NJ, penalties you may face, and defenses that could help your case. We know this is overwhelming, but take a deep breath – knowledge is power.

What is assault by auto in NJ?

Assault by auto is when someone recklessly drives a car or boat, and causes injury to others. There are two levels of assault by auto charges in New Jersey:

• Disorderly persons offense – when you cause bodily injury
• Fourth degree crime – when you cause serious bodily injury

Bodily injury means physical pain, illness, or any impairment of the victim’s condition. Serious bodily injury is when the injury creates a substantial risk of death or causes serious permanent disfigurement. So assault by auto covers a wide range of scenarios – from a fender bender with minor injuries, to a major collision that changes someone’s life forever.

Penalties for assault by auto in NJ

If convicted of assault by auto in NJ, here are the potential penalties you face:

• Disorderly persons offense – up to 6 months in jail and a fine up to $1,000
• Fourth degree crime – up to 18 months in jail and a fine up to $10,000

The judge also has discretion to suspend your driver’s license for up to 2 years. And you may need to pay restitution to victims for medical bills, lost wages, and other costs.

But that’s the maximum penalty. Many factors determine your actual sentence – such as your criminal record, cooperation with authorities, and willingness to accept responsibility. A skilled NJ assault by auto lawyer can argue for leniency on your behalf. So don’t lose hope!

Defenses for assault by auto charges

There are defenses that could potentially beat your assault by auto charge in New Jersey. For example:

• You weren’t reckless – Recklessness is a required element of assault by auto in NJ. So if you acted reasonably and responsibly behind the wheel, you may not be guilty.
• Lack of causation – The prosecution must prove you directly caused injury to the victim. If something else contributed, like bad weather or the victim’s own actions, you may not be fully liable.
• No bodily injury occurred – If the alleged victim wasn’t actually injured, then you can’t be guilty of assault by auto.

An experienced assault by auto lawyer will thoroughly investigate your case to determine if any defenses could apply. Don’t hesitate to discuss options with your attorney.

Finding the right NJ assault by auto lawyer

Choosing the right lawyer is crucial for your assault by auto case in New Jersey. Look for an attorney who:

• Focuses specifically on assault by auto and criminal defense
• Has extensive experience handling these cases
• Is familiar with local courts, judges, and prosecutors
• Will aggressively defend your rights at every stage
• Makes you feel comfortable and provides clear guidance

Don’t just go with any lawyer – go with one who instills confidence and seems truly driven to help you. Interview a few attorneys before deciding. The right assault by auto lawyer in NJ can make all the difference.

The legal process for assault by auto cases

If you’re charged with assault by auto in New Jersey, here are some key steps in the legal process:

1. Arrest – Police arrive at the scene and gather evidence. You may be arrested on the spot if they have probable cause.
2. Charging decision – The prosecution reviews the police report and evidence. They decide what charges, if any, to formally file against you.
3. First court appearance – At your first hearing, you enter a plea of guilty, not guilty, or no contest. Bail may be set at this point.
4. Pretrial motions – Your lawyer can file motions arguing to limit evidence, dismiss charges, suppress your statements, and more.
5. Plea negotiations – Many assault by auto cases end in a plea bargain. Your lawyer may negotiate with the prosecution for reduced charges or a lighter sentence.
6. Trial – If no plea deal is reached, your case will go to trial. The prosecution must prove guilt beyond a reasonable doubt.
7. Sentencing – If found guilty, the judge will impose penalties like fines, jail time, license suspension, and restitution.
8. Appeal – You can appeal your conviction or sentence if errors were made in the trial process or sentencing.

Having an experienced lawyer to guide you through this complex process is critical. Don’t go it alone.

Takeaways

• Assault by auto in NJ applies when you recklessly drive and injure others – penalties get harsher as injuries become more severe.
• Possible defenses include lack of recklessness, no causation, and no actual injury occurring.
• Hire an experienced criminal defense lawyer who specializes in assault by auto cases.
• Your lawyer may be able to negotiate reduced charges or a lighter sentence.
• Strong legal representation can make all the difference in the outcome of your case.

Being charged with assault by auto can turn your life upside down. But an experienced NJ lawyer will stand by your side and advocate for you every step of the way. Don’t lose hope – fight this, with the right legal team behind you.

References

Here are the references cited in this article:

• NJ 2C:12-1c. Assault by auto. – Villani & DeLuca, P.C.
• Assault by Auto | Criminal Defense Lawyers in New Jersey
• New Jersey Revised Statutes Section 2C:12-1 (2020) – Assault. – Justia Law
• Assault by Auto Charges Penalties New Jersey Lawyers Passaic County
• Assault by Auto in NJ – The Bianchi Law Group
• New Jersey Assault by Auto Lawyers – Burden of Proof – Aiello Harris