Have you been charged with assault by auto in New Jersey? It’s crucial to comprehend the potential consequences of such a conviction, especially when it comes to your driving privileges. Below, we will go over the legal implications, penalties, and the significant impact on your ability to drive in New Jersey.
What Is Assault By Auto?
Assault by auto refers to the act of causing injury to another person while operating a vehicle under the influence of alcohol or drugs, recklessly, or in violation of certain traffic laws. New Jersey takes these offenses seriously, and being convicted of assault by auto can lead to severe consequences, particularly concerning your driving privileges.
Understanding New Jersey Statute N.J.S.A. 2c:12-1(C)
Assault by auto in New Jersey is governed by N.J.S.A. 2C:12-1(c). This statute outlines the specific elements that constitute an assault by auto offense.
Assault By Auto Resulting In Bodily Injury
- If bodily injury results from the offense, it is considered a crime of the fourth degree.
- A fourth-degree crime is punishable by a term of imprisonment of up to 18 months and a maximum fine of $10,000.
Assault By Auto Resulting In Serious Bodily Injury
- If serious bodily injury results from the offense and the person was driving while in violation of certain laws, such as driving under the influence, it is considered a crime of the third degree.
- A third-degree crime carries a potential sentence of 3 to 5 years of imprisonment and a maximum fine of $15,000.
Assault By Auto Resulting In Serious Bodily Injury In Specific Locations
- If the person operates the vehicle in violation of certain laws while on school property used for school purposes, within 1,000 feet of such school property, or through a designated school crossing, and serious bodily injury results, it is a crime of the second degree.
- A second-degree crime is more serious and can lead to a prison sentence ranging from 5 to 10 years and a maximum fine of $150,000.
Aggressive Driving Resulting In Serious Or Bodily Injury
- If the person purposely drives a vehicle in an aggressive manner directed at another vehicle, causing serious bodily injury, it is a crime of the third degree.
- If bodily injury (rather than serious bodily injury) results from the aggressive driving, it is considered a crime of the fourth degree.
- A third-degree crime carries a potential sentence of 3 to 5 years of imprisonment and a maximum fine of $15,000.
The Consequences Of Assault By Auto Conviction On Driving Privileges
Driving While Violating Certain Laws Resulting in Serious Bodily Injury
- If a person is convicted of assault by auto as a crime of the third degree while driving in violation of laws such as driving under the influence (R.S. 39:4-50) and serious bodily injury occurs, the court may impose a mandatory driver’s license suspension.
- The duration of the suspension can range from one year to indefinitely, depending on the circumstances of the case and any prior convictions.
Driving While Violating Certain Laws Resulting in Bodily Injury
- If a person is convicted of assault by auto as a crime of the fourth degree while driving in violation of laws such as driving under the influence and bodily injury occurs, the court may impose a discretionary driver’s license suspension.
- The duration of the suspension will be determined by the court and can vary based on the specific circumstances of the case.
The court may consider factors such as the extent of the injuries, the individual’s driving record, and any other relevant factors when deciding on the length of the suspension.
Insurance Consequences
A conviction for assault by auto or other traffic offenses can have long-term effects on your auto insurance premiums. Insurance companies may view you as a high-risk driver, resulting in increased rates or difficulty in obtaining coverage. It is essential to discuss the potential insurance implications with your insurance provider, as the impact can extend beyond the duration of your license suspension.
Employment And Personal Consequences
A conviction for assault by auto and the subsequent license suspension can significantly impact your personal and professional life. Certain professions and employers may have specific requirements regarding driving privileges. Losing your ability to legally drive can affect your current job, limit future employment opportunities, and impact personal responsibilities such as caring for family members or running errands.
New Jersey Assault By Auto Lawyers
Facing an assault by auto conviction in New Jersey can have severe consequences, particularly when it comes to your driving privileges. It is crucial to seek professional legal guidance from the Law Offices of Jonathan F. Marshall to ensure the best possible outcome for your case. The Law Offices of Jonathan F. Marshall specializes in criminal defense and traffic ticket cases, including assault by auto. Our team of skilled attorneys is dedicated to understanding your case, exploring defense strategies, and helping you navigate the legal process to mitigate the potential consequences on your driving privileges. Our former prosecutors & accomplished NJ traffic ticket attorneys have over 200 years of combined experience to put into action. Contact our law office at (855) 966-4931 for an immediate free telephone consultation or to schedule an office meeting.
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