The majority of assault by auto charges issued in Monmouth County are as a result of a motor vehicle accident where either drugs or alcohol are involved. Depending on the underlying facts of the case, the offense of assault by auto can be either a felony or misdemeanor. Two major factors that will carry a lot of weight in determining what degree of assault by auto a Defendant is charged with are the injury suffered and whether or not the Defendant was impaired. Since drugs or alcohol are typically involved in most assault by auto charges, a Defendant usually also faces driving under the influence (DUI), aggravated assault, eluding and drug possession charges as well. If you have been charged with a criminal offense like assault by auto in Monmouth County, the Keith Oliver Criminal Law can help. Our office serves all of Monmouth County including towns like Tinton Falls, Asbury Park, Holmdel, Middletown, Wall Township, Howell, Neptune, Ocean Township, Freehold and Manalapan.
Local Freehold Lawyer for Assault by Auto Charge
Mr. Oliver, one of the firms founding partners, has dedicated his entire career to defending those accused of crimes in courts throughout New Jersey. Over the years he has handled countless cases in the Monmouth County Superior Court, including assault by auto charges. Our attorneys pride ourselves on aggressively and zealously advocating on our clients behalf. If you would like to come into our office and sit down with Mr. Oliver or one of the other attorneys on staff to discuss your options face to face, then please contact our office directly at 732-858-6959. We are available 24/7 in an effort to help assist in anyway possible. We fully understand that these types of charges can occur at all hours of the day. Now here is some key information on assault by auto charges, including the difference between degrees. As you will see below, the difference between degrees, could be the difference between ten (10) years in a State prison and probation.
Wall Township NJ Assault by Auto Attorney
Assault by Auto Charges: N.J.S.A. 2C:12-1c
Assault by Auto is governed by N.J.S.A. 2C:12-c, which states in pertinent part that “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.” As stated above, the severity of the injury suffered will play a major role in the degree a Defendant is charged with. Here is a breakdown in the degrees.
Fourth Degree Assault by Auto Charges in Asbury Park NJ
A Defendant will be charged with assault by auto in the fourth degree if the victim suffers serious bodily injury. Conversely, if the victim only suffers bodily injury, then the Defendant will be charged with a disorderly persons offense (misdemeanor). It is important to note here, that the breakdown in degrees mentioned above is provided that no alcohol or drugs were involved.
Third Degree Assault by Auto Charges in Tinton Falls NJ
A Defendant will be charged with assault by auto or vessel in the third degree if the Defendant is accused of driving while intoxicated and the victim suffers serious bodily injury. Conversely, if the Defendant is accused of driving while intoxicated and the victim suffers bodily injury they will be charged with assault by auto in the fourth degree.
Second Degree Assault by Auto Charges in Howell NJ
Lastly, a Defendant will be charged with assault by auto or vessel in the second degree if the Defendant is accused of driving while intoxicated in a school zone and the victim suffers serious bodily injury. Conversely, if the Defendant is accused of driving while intoxicated in a school zone and the victim suffers bodily injury, then the Defendant will be charged with assault by auto in the third degree.
What is Serious Bodily Injury in NJ?
The Legislature has defined bodily injury as causing physical pain, illness, or any impairment of physical condition. Serious bodily injury has been defined as causing “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”.
What is the Sentence for Assault by Auto in NJ?
A Defendant convicted of disorderly persons offense will be subject to a potential $1,000 fine and up to six months in the Monmouth County Jail. A Defendant convicted of fourth degree felony will be subject to a potential $10,000 fine and up to eighteen (18) months in State Prison. A Defendant convicted of a third degree felony will be subject to a potential $15,000 fine and up to five (5) years in a State Prison. Lastly, a Defendant convicted of a second degree felony is subject to a potential $150,000 fine and up to ten (10) years in a State Prison.
Experienced Assault by Auto Lawyers Middletown in NJ
As you can tell from above, the penalties if convicted of assault by auto in New Jersey can be catastrophic. If you have been arrested and charged with assault by auto, aggravated assault, burglary, driving under the influence, endangering the welfare of a child or eluding in Monmouth County, it is imperative that you speak to an experienced criminal defense attorney immediately. Keith Oliver Criminal Law serves all of Monmouth County, including towns like Marlboro, Middletown, Belmar, Manalapan, Long Branch and Holmdel. To schedule a free consultation today please contact our office at (732)885-6959. Our Monmouth County criminal defense attorneys are well aware that no two clients let alone no two cases are the same. As such, we will formulate a game plan that works best to suit your needs. If you have any questions whatsoever, please do not hesitate to contact us. Our office is located at 18 Kings Highway in Middletown, directly across the street from the Municipal Court.