Assault by Auto in Elizabeth, NJ: A Comprehensive Guide by Brett M. Rosen, Esq.
Assault by Auto Attorney Elizabeth, NJ
Assault by Auto Attorney Elizabeth, NJ
A vehicular accident can turn into a criminal matter if someone is injured due to reckless driving. In New Jersey, this is known as “Assault by Auto.” An Assault by Auto charge in Elizabeth, NJ can lead to years in prison, a criminal record, and hefty fines. In addition to this, you can also face reckless driving, DUI and potentially other charges. If you or someone you care about faces this charge in Elizabeth, NJ, understanding its complexities and potential penalties is vital.
Why You Need a Serious Attorney for Assault by Auto Charges
When facing an assault by auto charge in Elizabeth, NJ, retaining Brett M. Rosen as your attorney is a strategic decision that can significantly impact the outcome of your case. Brett M. Rosen, a highly respected criminal defense attorney, has a proven track record of successfully defending clients against serious charges. His expertise in criminal law, combined with his dedication to protecting his clients’ rights, makes him an invaluable ally in the courtroom. Rosen’s meticulous approach to case preparation, his ability to craft compelling defense strategies, and his unwavering commitment to achieving the best possible results for his clients set him apart from other attorneys. With his extensive experience and deep understanding of the legal system, Brett M. Rosen is well-equipped to navigate the complexities of your case and provide you with the robust defense you need. Choosing Brett M. Rosen means choosing a lawyer who will fight tirelessly on your behalf, ensuring that your voice is heard and your rights are protected.
Assault by Auto: What it Entails
Under N.J.S.A. 2C:12-1(c), Assault by Auto is committed when a person:
- Operates a vehicle recklessly (showing extreme indifference to others’ safety)
- Causes bodily injury to another person
Crucial Points:
- Recklessness is key: It’s not just about the accident happening, but the manner of driving that led to it.
- “Bodily injury” is broad: It includes any physical pain, illness, or impairment, even if seemingly minor at first.
- “Serious bodily injury” elevates the charge: This means injuries that create a risk of death, or cause serious/permanent disfigurement or impairment.
Penalties for Assault by Auto in Elizabeth, NJ
The penalties vary drastically depending on the severity of the injuries and other factors:
| Offense Level | Circumstances | Degree of Crime | Potential Penalties | Additional Consequences |
|---|---|---|---|---|
| Disorderly Persons Offense | * Bodily Injury results * | Disorderly Persons Offense | * Up to 6 months in jail * Fines up to $1,000 * Possible license suspension | * Impacts your driving record * May increase insurance rates |
| Fourth-Degree Crime | * Serious Bodily Injury results | 4th Degree Crime | * Up to 18 months in prison * Fines up to $10,000 | * Criminal record * Difficulty with employment, housing, etc. * Potential immigration consequences (for non-citizens) |
| Third-Degree Crime | * Serious Bodily Injury results AND * Driver was under the influence (DUI) * OR *Bodily Injury results AND *Driver was driving on school property | 3rd Degree Crime | * Imprisonment: 3-5 years * Fines: Up to $15,000 | * All consequences from 4th degree, PLUS: * Longer potential prison time * Higher fines |
| Second-Degree Crime | * Serious Bodily Injury results AND the driver was under the influence (DUI) AND was driving on school property, or driving through a school crossing | 2nd Degree Crime | * Imprisonment: 5-10 years * Fines: Up to $150,000 | * All consequences from 3rd degree, PLUS: * Even longer potential prison time * Mandatory minimum sentence under NERA (85% of sentence must be served) |
Beyond Jail & Fines: Additional Consequences
- Criminal Record: Affects employment, housing, etc.
- License Suspension: Even beyond the initial penalty, insurance points can lead to further suspensions.
- Increased Insurance Premiums: Expect a substantial rise in your car insurance rates.
- Immigration Consequences: Non-U.S. citizens may face deportation or denial of benefits.
Potential Defenses Against Assault by Auto Charges
- Challenging “Recklessness”
- The prosecution must prove you drove recklessly, not just carelessly. We’ll examine the evidence to see if your actions truly met this legal standard.
- Disputing Causation
- We’ll investigate whether your driving was the direct cause of the injury, or if other factors contributed.
- Lack of Serious Bodily Injury
- If the injury isn’t legally classified as “serious,” we can argue for a lesser charge with reduced penalties.
- Challenging DWI Allegations
- If the charge is tied to DUI, we’ll scrutinize the traffic stop, field sobriety tests, and chemical tests to ensure they were conducted properly and the results are accurate.
- Other Defenses
- Depending on the case, we may explore:
- Necessity: You were acting to avoid a greater harm
- False Accusations
- Insufficient Evidence
- Violation of Your Rights (e.g., illegal search of your vehicle)
Frequently Asked Questions on Assault by Auto in Elizabeth, New Jersey
- Can I be charged with assault by auto even if I didn’t intend to hurt anyone?
- Yes. The focus is on reckless driving, not intent to harm. If your actions showed extreme indifference to others’ safety and resulted in injury, you can be charged.
- What constitutes “reckless driving” in New Jersey?
- It’s driving in a manner that disregards the safety of others. Examples include excessive speeding, weaving through traffic, ignoring traffic signals, or driving under the influence.
- What’s the difference between “bodily injury” and “serious bodily injury”?
- Bodily injury is any physical pain, illness, or impairment. Serious bodily injury is more severe, creating a risk of death, disfigurement, or long-term impairment.
- Can I still be charged if the other driver was also at fault?
- Yes, even if the other driver contributed to the accident, you can still be charged if your reckless driving caused their injuries.
- Will a conviction affect my driver’s license?
- Yes, a conviction can lead to license suspension, especially for more serious charges or if DUI was involved.
Additional FAQs:
1. What are the penalties for assault by auto in a school zone in Elizabeth, NJ?
The penalties for assault by auto are already severe, but they are further enhanced when the offense occurs in a school zone or within 1,000 feet of school property.
- If the offense involves serious bodily injury and occurs in a school zone while driving recklessly in violation of DUI laws, it is elevated to a second-degree crime. This carries penalties of 5-10 years in prison and fines up to $150,000.
- If the offense involves only bodily injury (not serious) and occurs in a school zone while driving recklessly under DUI laws, it becomes a third-degree crime. This is punishable by 3-5 years in prison and fines up to $15,000.
2. Can I get an assault by auto charge expunged from my record in New Jersey?
The expungement eligibility for assault by auto depends on the degree of the crime:
- Disorderly persons offense: Potentially expungeable after 2 years, provided you meet other eligibility criteria.
- Fourth-degree crime: May be expungeable after 5 years, but it’s more challenging.
- Third-degree or second-degree crime: Generally NOT expungeable, except in rare cases with a judicial dismissal.
Consulting an attorney is critical to assess your eligibility and navigate the complex expungement process.
3. What are the potential immigration consequences of an assault by auto conviction?
For non-U.S. citizens, an assault by auto conviction, especially if it resulted in serious bodily injury or involved DUI, can have severe immigration consequences. This could lead to:
- Deportation or removal proceedings.
- Denial of naturalization or citizenship applications.
- Difficulty obtaining or renewing visas.
If you’re facing this charge and are not a U.S. citizen, consult an attorney experienced in both criminal defense and immigration law to understand the potential impact.
4. How can a lawyer help me fight an assault by auto charge in Elizabeth?
An experienced attorney can provide critical assistance by:
- Investigating the accident and gathering evidence to challenge the prosecution’s case.
- Examining police reports, witness statements, medical records, and any available video footage.
- Consulting with accident reconstruction experts if necessary.
- Negotiating with the prosecutor to seek a reduction or dismissal of charges or explore alternative sentencing options.
- Representing you in court and advocating for your rights at every stage of the legal process.
5. What should I expect at my first court appearance for an assault by auto charge?
Your first appearance, usually an arraignment, is where:
- You’ll be formally charged and given a copy of the complaint.
- The judge will inform you of your rights and the potential penalties.
- You’ll enter a plea (guilty, not guilty, etc.)
- The judge may address bail or release conditions.
It’s essential to have an attorney present to protect your rights and guide you through the process.
Why You Need an Experienced Attorney
Facing an assault by auto charge is NOT something to handle alone. The legal complexities, the potential for severe penalties, and the impact on your life demand experienced legal representation.
- Thoroughly investigate the accident: Analyze police reports, witness statements, and any available video evidence to build a strong defense.
- Challenge the evidence: Question the officer’s observations and any testing procedures to ensure their accuracy and validity.
- Explore potential defenses: Assess whether defenses like lack of recklessness, necessity, or unavoidable accident apply to your case.
- Negotiate with the prosecutor: Work to get the charges reduced or dismissed, or seek alternative sentencing options.
- Provide aggressive representation in court: If your case goes to trial, an experienced attorney will fight tirelessly to protect your rights and freedom.
Why Choose Brett M. Rosen, Esq. as Your Elizabeth, NJ Assault by Auto Attorney
- Extensive Experience: We have a proven track record defending clients against these charges in Elizabeth & Union County.
- In-Depth Knowledge of Local Laws: We know the intricacies of NJ traffic and criminal law.
- Personalized Attention: We’ll tailor a defense strategy to your unique circumstances.
- Aggressive Advocacy: We’ll fight to protect your rights and minimize the impact on your life.
Don’t Face Assault by Auto Charges Alone
If you’re facing assault by auto charges in Elizabeth, NJ, contact Brett M. Rosen, Esq. We have the experience and dedication to help you navigate the legal complexities and fight for your rights.
Call us now at (908) 312-0368 or email us at brett@nynjcriminalcivilesq.com a free consultation. We’re ready to help you.
Disclaimer: This information is for general informational purposes only and does not constitute legal advice. It is crucial to consult with an experienced attorney regarding your specific legal situation.