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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. In these cases, a Passaic County assault by auto charges lawyer at The Montanari Law Group, LLC can help.
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.
Few New Jersey car accidents resulting in injury qualify as assault by auto. Understanding the difference between ordinary negligence and criminal recklessness is essential. A driver may make an error, violate traffic laws, or cause a crash without meeting the mental-element requirement for assault by auto.
New Jersey statutes explain that recklessness occurs when someone knowingly ignores a substantial and unjustified risk, and this ignorance represents a profound deviation from the expected conduct of a reasonable individual. Proving that a driver could have been more careful is not enough.
In contrast, negligence tends to involve a failure to use reasonable care. If a driver glances away from the road to move an air vent and rear-ends someone, the driver may have been negligent. That behavior could result in a traffic ticket or civil liability for damages, but it does not necessarily equate to criminal recklessness.
Imagine a driver speeding at 90 mph through a residential neighborhood while swerving around other traffic despite knowing there are pedestrians and oncoming traffic. Proof that the driver was aware of and consciously disregarded the substantial risk could lead to reckless assault charges.
The distinction can be very fact-specific. Rather than just proving that a crash occurred, prosecutors have to prove the defendant acted with the mental state and conduct required by the statute under which he or she is charged.
Distracted driving may play a major role in some assault by auto cases. New Jersey law states that if a prosecutor can prove beyond a reasonable doubt that a defendant was using a handheld wireless telephone while driving in violation of state law, these facts can support claims of recklessness.
Just because someone crashes while using a cellphone does not automatically mean they are going to be convicted of assault by auto. The prosecutor must prove all of the required elements of the offense, including the appropriate injury requirement and causation. Evidence could include:
If the crash occurred on I-80, Route 46, Route 3, or another busy road in Passaic County, the events leading up to a collision can go from being a traffic violation to a basis for criminal charges.
New Jersey State Police statistics shed light on the potentially devastating effects caused by motor vehicle crashes statewide. In 2024, there were 647 fatal motor vehicle crashes in New Jersey claiming 684 lives. 230 of the victims were pedestrians. This data shows just how devastating motor vehicle collisions can be and helps provide context for incidents where allegedly negligent driving causes serious bodily injury or death.
In New Jersey, the difference between causing bodily injury vs. serious bodily injury can change what crime the driver is charged with. New Jersey law includes physical pain, sickness, or impairment of physical condition when it defines bodily injury. However, serious bodily injury is limited to injuries that create a significant risk of death or cause serious and long-lasting disfigurement, or extended impairment of a bodily function.
Causing bodily injury while driving recklessly is a disorderly persons offense, while causing serious bodily injury is graded as a fourth-degree crime. Other rules apply if the assault by auto charge involves DWI, designated school zones, or purposely driving aggressively.
Medical evidence can play a role in proving not just the extent of injuries but also what crime to charge a defendant with. Doctors’ reports, emergency-room records, operative records, diagnostic images, medication orders, and other evidence could impact how the prosecutor charges a defendant.
A knowledgeable Passaic County assault by auto charges attorney can help determine whether the State has enough evidence to prove each element of the offense. This includes reviewing the evidence to determine if the defendant’s conduct amounts to recklessness under the law. It also means reviewing whether the defendant’s actions caused the alleged injury to occur and if medical evidence supports the injury alleged by the prosecutor.
When you hire an assault by auto charges lawyer, they can file motions to keep certain evidence out of court or argue that other evidence should be interpreted differently. An attorney can also point out discrepancies between the physical evidence and witness statements.
A Passaic County assault by auto charges attorney can explain how the offense is graded and what penalties you could face if convicted. Because establishing whether a car accident was merely negligent or criminal depends heavily on the driver’s actions and state of mind, reviewing the evidence around the crash can be an important part of your defense.
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.
Penalties vary based on the facts and extent of the injury. Generally speaking, the law provides that reckless driving that causes bodily injury is a disorderly persons offense, and serious bodily injury is a fourth-degree crime. Aggravating factors such as DWI, refusal, driving in a school zone, or purposeful aggressive driving may be charged as higher degrees, up to a second-degree crime in some cases.
Defenses vary based on the specific facts of the case. Common defenses include arguing that the defendant was not actually driving recklessly, that the defendant’s conduct did not cause the victim’s injuries, and/or that the victim’s injuries do not meet the statutory level sought by prosecutors. Evidence may also be available to refute allegations of impairment or purposeful aggressive driving.
Pressing charges for assault may be worth it, but the decision is ultimately up to the prosecution and not the alleged victim. Injured persons may also be able to pursue compensation through a civil claim separately. A victim of an alleged assault can choose to notify police of the incident. Whether the conduct constitutes assault is dependent on the facts and evidence.
No, speeding does not automatically count as reckless driving. Prosecutors must prove that the defendant was aware of and disregarded a substantial risk that their actions would cause injury to others and that this disregard shows a gross deviation from the way that a reasonable person would have acted in the situation.
The attorneys at The Montanari Law Group, LLC are prepared to advocate against 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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