Assault by auto is a serious charge in New Jersey for one important reason: it exposes the offender to both criminal liability and motor vehicle offense liability. If you have driven in a reckless manner and your dangerous driving resulted in bodily injury to someone else, you may have just exposed yourself to assault by auto charges. Picture a scene in which a driver in Long Beach Island is hurriedly trying to make it back to their beach rental home for the week, driving at a speed well above the posted speed limit. If the driver accidentally hits a man on a bike and the bicyclist breaks a leg, the driver may be facing charges for assault by auto under N.J.S.A. 2C:12-1c in addition to speeding charges. In order to defend your case, you should speak to a traffic defense attorney as soon as possible. The attorneys at Villani & DeLuca P.C. have over 20 years of experience in handling traffic defense matters in Ocean and Monmouth County. As Long Beach Island is a traffic-heavy area during the summer, our firm has defended numerous motor vehicle cases arising in LBI over the years.
Assault by Auto Defined N.J.S.A. 2C:12-1c
Assault by auto is governed under N.J.S.A. 2C:12-1c. Under the statute, an assault by auto is when an individual drives recklessly and causes bodily injury or serious bodily injury to another person. In order to understand your charges, you must understand the difference between these types of injury. Bodily injury is defined as an injury that cause physical pain, illness, or any impairment of physical condition. Serious bodily injury is bodily injury which 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. The difference in injury can determine the outcome of your case and the resulting penalties. The statute states:
c. (1) 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. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly.
(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.
(3)Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.
(4) Assault by auto or vessel is a crime of the third degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results and is a crime of the fourth degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results. For purposes of this paragraph, “driving a vehicle in an aggressive manner” shall include, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.
Penalties for an Assault by Auto
Assault by auto can be charged as a disorderly persons offense, all the way up to a second degree crime depending on the circumstances. Assault by auto will be charged as a disorderly persons offense if the driver inflicts bodily injury as a result of the accident. If the driver caused serious bodily injury, the assault by auto will be elevated to a fourth degree crime. The level of the crime is heightened if the driver was under the influence. Thus, the assault by auto will be elevated to a third degree crime if the driver was apprehended in violation of the DWI statute (N.J.S.A. 2C 39:4-50) or if the driver used his or her vehicle as a weapon. The assault by auto will be elevated even further to a second degree crime if the offender committed the offense listed above as a third degree crime, but the injury took place within a school zone. See below for the penalties associated with each level of this offense.
Disorderly persons offense: $1,000 fine, up to 6 months in jail, probation
Fourth degree crime: $10,000 fine, up to 18 months in jail
Third degree crime: $15,000 fine, up to 5 years in prison
Second degree crime: up to $150,000 in fines, 5-10 years in prison
These penalties demonstrate New Jersey's strong inclination to harshly punish and therefore deter reckless driving. It is also important to note that law enforcement may decide to add other charges onto the assault by auto charges. If you are stopped by the police and hit with an assault by auto charge, you may also find yourself facing charges for careless driving, reckless driving, leaving the scene of the accident, or driving while intoxicated or under the influence.
Traffic Defense Attorneys in Ocean County
In order to adequately defend your assault by auto charges and protect yourself from harsh penalties, you will need a traffic defense lawyer who is familiar with the various traffic offenses in Ocean County, New Jersey. The traffic defense attorneys at Villani & DeLuca have placed focus on Ocean County criminal and traffic defense for over 20 years. Together, you and one of our experienced attorneys may go over your case and assess your legal options.
Don't let a weekend mistake in LBI turn into consequences that will haunt you for years to come. Call our office today at 732-782-9833 for a free initial consultation.