Vehicular Assault Attorney in New Jersey

Dedicated & Competent Defense in New Jersey Vehicular Assault Cases

At Roberts & Teeter, LLC, we understand the immense stress and uncertainty that accompany vehicular assault charges in New Jersey. In New Jersey, these charges are rigorous, often involving allegations of reckless or impaired driving that result in injury. 

The stakes are high, with potential penalties including steep fines and imprisonment. It's vital to have a legal team that not only grasps the nuances of local and state laws but is also committed to crafting a defense tailored to the unique aspects of your case. 

Our boutique law firm is uniquely equipped to provide personalized defense strategies, focusing on safeguarding your rights and future.  By concentrating exclusively on criminal law, we act as a reliable ally during these challenging times.

Facing a serious criminal charge? We offer free consultations, affordable services, and are available 24/7. Contact a vehicular assault attorney in New Jersey to protect your future. Call (732) 607-5553 or reach out online.

Understanding Vehicular Assault Laws in New Jersey

In New Jersey, the crime of vehicular assault is prosecuted under the statute for Assault by Auto, which is defined in New Jersey Statutes Annotated (N.J.S.A.) § 2C:12-1(c). This law states that a person commits the offense of assault by auto or vessel when they operate a motor vehicle or vessel recklessly and, as a result, cause either bodily injury or serious bodily injury to another person. 

The legal definition of "recklessly" is critical to the prosecution's case. It means that the motorist acted in conscious disregard of a substantial and unjustifiable risk of injury to others. The prosecution's case often hinges on proving this element, which a knowledgeable New Jersey vehicular assault lawyer can challenge.

To secure a conviction for assault by auto, the prosecution must prove each of the following elements beyond a reasonable doubt:

• Operation of a Motor Vehicle: The state must prove that you were driving the vehicle at the time of the offense.
• Reckless Driving: The state must prove that you were operating the vehicle in a reckless manner. This can be proven through a variety of evidence, such as speeding, erratic lane changes, or driving under the influence of drugs or alcohol.
• Causation: The state must prove that your reckless driving was the direct cause of the accident and the resulting injury.
• Bodily Injury: The state must prove that the victim suffered either "bodily injury" (physical pain, illness, or any impairment of physical condition) or "serious bodily injury" (bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ).

The prosecution's case often relies on the testimony of the alleged victim, other witnesses, and law enforcement officers, as well as accident reconstruction reports. As a seasoned vehicular assault attorney in New Jersey, we will meticulously scrutinize every piece of this evidence to find any inconsistencies or flaws that can be used to your advantage.

Classifications and Degrees of an Assault By Auto Offense

In New Jersey, a vehicular assault charge can be classified as a disorderly persons offense or a felony, depending on the circumstances of the offense. The penalties increase significantly with the severity of the charge.

• Disorderly Persons Offense: This is the least severe charge. It applies when reckless driving results in bodily injury but does not involve driving while intoxicated. The penalty is up to six months in county jail and a fine of up to $1,000.
• Fourth-Degree Crime: This applies when reckless driving results in serious bodily injury. The penalty is up to 18 months in prison and a fine of up to $10,000.
• Third-Degree Crime: This applies when a DWI is a factor in the reckless driving that results in serious bodily injury. This is a very serious charge that can result in a prison sentence of three to five years and a fine of up to $15,000. It also applies if a driver purposely engages in aggressive driving that results in serious bodily injury.
• Second-Degree Crime: This applies when a third-degree offense occurs in a school zone. The penalty is a prison sentence of five to ten years and a fine of up to $150,000.

It is also important to note that a vehicular assault charge can be filed alongside other offenses, such as reckless driving, aggravated assault, or leaving the scene of an accident. A knowledgeable New Jersey vehicular assault lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties of a Vehicular Assault Conviction in New Jersey

The direct legal penalties for a vehicular assault conviction in New Jersey are steep and depend on the degree of the offense:

• Incarceration: Jail or prison time, ranging from up to six months for a disorderly persons offense to a maximum of ten years for a second-degree crime.
• Fines: Fines can be substantial, often reaching into the thousands or tens of thousands of dollars.
• Probation: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions set by the court.
• License Suspension: Your driver's license will be suspended for a period of time, which is in addition to the fines and potential incarceration.
• Mandatory Programs: The court may order you to attend various programs, such as anger management or defensive driving classes.

Collateral Consequences

A criminal record for a vehicular assault can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

Building a Strategic Defense for Vehicular Assault Charges

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned New Jersey vehicular assault lawyer, we will leverage every possible defense, including:

• Lack of Recklessness: The prosecution must prove that you were operating the vehicle in a reckless manner. We can argue that the incident was a tragic accident, a simple traffic mistake, or that your actions were a reasonable response to an emergency.
• Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the accident reconstruction evidence is flawed.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
• Third-Party Fault: We can argue that the accident was caused by the actions of another driver, a pedestrian, or a mechanical failure in the vehicle.
• Questioning Causation: In cases where the charge is aggravated by a DUI, we can challenge the causation element, arguing that your intoxication was not the direct cause of the injuries.

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