Assault by Auto
New Jersey Assault by Auto charges are always a serious matter which requires the assistance of experienced defense lawyers when a case reaches the courthouse in Toms River. This is the venue where a felony criminal offense such as assault by auto is prosecuted in Ocean County. You lawyer will have been be adapt in navigating the Ocean County Superior Court since this is where your case will be litigated irrespective of the accident occurring in Stafford, Lacey, Toms River, Jackson, Berkeley or another municipality. A conviction of assault by auto can result in severe fines and as much as a decade in prison. This is a primary reason why you cannot afford to hire the wrong attorney to defend your case in Toms River. Here at Law Offices of Jonathan F. Marshall, we offer representation from a team of eight criminal attorneys who have over 100 years of experience and have served as prosecutors in the county. Contact us 24/7 to schedule a free conference with an attorney who can address any of your questions and concerns. A lawyer is available to help you any time of day or night at (732) 286-6500.Ocean County Assault by Auto Offense
When an aggravated assault arises from the operation of a motor vehicle it is commonly referred to as an Assault by Auto. There are basically three (3) ways in which a person can be held accountable for assault by auto under N.J.S.A. 2C:12-1(c). First, when the motorist acts with the purpose or intent to collide with the victim, then it is an assault by auto. Like any other assault crime, the degree of the assault by auto depends on the severity of the victim’s bodily injury. Where the resulting injury is “serious”, meaning a substantial risk of death, permanent disfigurement, or loss of function of a bodily member or organ then the Assault by Auto is a Second Degree crime. When the injuries are not serious then it is a Third Degree Aggravated Assault by Auto. It is should be noted that if the victim dies as a result of the incident then in New Jersey it is a Vehicular Homicide. Second, it is also an Assault by Auto when an individual drives a vehicle recklessly (e.g. driving while intoxicated, reckless driving, extreme speeding, etc.) and this results in a serious injury to another then it is a Fourth Degree crime. Third, when a person injures someone while fleeing or eluding police or while joyriding they will be charged with a Second Degree crime of assault by auto.
Penalties for Assault by Auto. Second degree assault by auto results in 5-10 years in prison and a fine of up to $150,000. A third degree assault by auto carries up to 5 years in prison and a fine that can reach $15,000. A person convicted of fourth degree assault by auto is exposed to 18 months of imprisonment and a fine that can reach $10,000. You should also know that the No Early Release Act ("NERA") applies when someone is sentenced for assault by auto in the second degree. What this means is that the defendant must serve 85% of his jail/prison sentence before he is eligible for release on parole.Lacey Township Assault by Auto Defense Attorneys
Having the right lawyer on your side for an assault by auto charge like this can mean the difference between walking await with probation and going to jail for years. Law Offices of Jonathan F. Marshall has a rich history of successfully defending assault and DWI offenses, including Assault by Auto. Our former prosecutors and veteran criminal defense attorneys can rely upon over a century of experience working in the court system and handling cases like yours to insure that you have every chance of securing a downgrade of the charge filed Barnegat, Brick, Little Egg Harbor, Tuckerton, Point Pleasant Beach or elsewhere in Ocean County. We encourage you to call us at (732) 286-6500 to speak to a lawyer about the details of your assault by auto case. Lawyers are available to assist you now.