New Jersey Law contains specific provisions for assault cases involving automobiles. Each case is
unique, and charges can range from disorderly persons offense to a Second Degree offense based on
the circumstances surrounding the auto assault. Depending on the severity of the charge, automobile
assault can carry penalties such as serious fines and even jail time. Contact the lawyers at the Law
Offices of Herbert I. Ellis, P.C. for an attorney skilled in automobile assault to help you with your case.
In New Jersey, an individual can be found guilty of assault by automobile if they commit all of the
- That individual was the operator of the motor vehicle
- The individual engaged in conduct that was reckless
- The individual caused an accident
- Injury was caused to another person as a result of this reckless conduct
For conduct to be considered reckless, it must involve actions displaying extreme indifference to the
welfare of others. Examples of recklessness include speeding, drunk driving, or refusal of the driver to
submit to a breath test.
Assault by automobile where the conduct results in “bodily injury” to another is a disorderly persons
offense in the state of New Jersey. In this case, the driver of the automobile has consciously disregarded
any risk of injury to others which resulted in injury or harm to another individual. Penalties for a
disorderly persons offense include fines, probation, and up to 6 months in jail.
If the assault by automobile results in “serious bodily injury” to another, the crime is considered a
Fourth Degree Offense. This is distinguished from a disorderly persons charge by the extent of the bodily
injury. Cases involving serious injury, as opposed to simple injury, result in a Fourth Degree Assault by
Automobile charge. Conviction of Fourth Degree assault by auto charge increases the possible jail time
to 18 months.
If the assault by auto charge involves driving under the influence of alcohol, the charge is much more
serious. In an assault by auto case that results in “serious bodily injury” from a DWI related accident,
the charge is a Third Degree criminal offense. In this case of a DWI related accident resulting in serious
injury to another person, the defendant faces 5 to 10 years in jail. If a Third Degree assault by charge
is committed in a school zone, the charge is increased to a Second Degree Offense. A Second Degree
assault by auto charge can involve 10 to 20 years of jail time.
In any case involving assault by automobile, hiring a skilled attorney to assist you will offer your best
chances at defense. Our attorneys at the Law Offices of Herbert I. Ellis, P.C., have years of experience
defending traffic related criminal cases. Contact us for a consultation 24 hours a day, 7 days a week.