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Assault charges are extremely common in New Jersey. One of the most serious assault charges is an assault by auto. NJ lawmakers impose special penalties for assaults involving motor vehicles because the injuries are often severe in auto accidents. Anytime a person operates a motor vehicle in the State of New Jersey, they are expected to drive safely and with full awareness of the risks posed to other motorists. NJ prosecutors often seek maximum penalties in an assault by auto cases in order to discourage dangerous drivers and minimize the risk of serious accidents.
The Montanari Law Group, LLC is a highly respected law firm with more than 40 years of experience handling assault by auto cases. Our Passaic County criminal defense lawyers appear on a daily basis in courtrooms. If you were involved in an auto accident and have been accused of assault by auto, call The Montanari Law Group, LLC today to speak with a member of our litigation team and begin your defense.
Assault by auto charges in New Jersey are set forth by N.J.S.A. 2C:12-1(c). The elements of an assault by auto charge are:
“Reckless conduct” means that the driver knew of a substantial and unjustifiable risk and ignored it, thus manifesting extreme indifference to the welfare of others. Examples of reckless conduct include a driver who violates NJ speeding laws, a driver who is convicted of reckless driving, and a driver convicted of driving under the influence.
Keep in mind that intent is not an element of an assault by auto charge. The prosecution does not need to prove that the driver intentionally injured another person; it is enough that the driver engaged in reckless conduct.
The penalties for assault by auto vary, depending upon the severity of the injury and the circumstances of the accident:
If you recklessly operate a motor vehicle on New Jersey roadways and cause an accident that results in the death of another person, you could be charged with death by auto.
This offense is typically classified as a second-degree felony, which is punishable by a sentence of 5–10 years in NJ State Prison. However, if the driver was operating a motor vehicle while under the influence of alcohol and in a school zone, the offense may be classified as a first-degree felony. A conviction for first-degree vehicular homicide is punishable by a sentence of 10–20 years in NJ State Prison.
The attorneys at The Montanari Law Group, LLC are prepared to fight your assault by auto charges. Call us at 973-233-4396 now to discuss your case over the phone, or fill out the online contact form to schedule a meeting at our offices in Passaic County.
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