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NJ Assault by Auto

Assault by Auto can Result in an Aggravated Assault Conviction

Assault by Auto Lawyer

Assault by auto is a type of aggravated assault that is charged when a person causes bodily injury to another while recklessly driving a car. Assault by auto can be either a disorderly persons offense or a crime in New Jersey depending on the location of the incident and the seriousness of the injuries caused by the driver. For example, a charge for assault by auto is elevated to a second degree crime if serious bodily injury results while driving on any school property or through a school crossing.
The 3 elements that must be proven for an assault by auto conviction are:

  • The defendant was driving the vehicle;
  • The defendant caused bodily injury to another; and
  • The defendant caused such injury by driving the vehicle recklessly

Use of a Cell Phone while Driving Infers Reckless Driving

As outlined above, an assault by auto conviction requires that the driver was driving a vehicle in a reckless way. For someone to recklessly operate a vehicle, they must drive in a manner creating a risk of injury to a person or damage to property. When it is proven that a motorist was using a cell phone when the injury was caused, it is automatically inferred that the driver was driving recklessly.

Call Villani & DeLuca Today for a Free Consultation

If you have been charged with aggravated assault for an assault by auto in Monmouth or Ocean County, contact the experienced criminal law attorneys of Villani & DeLuca, P.C. today. Call (732) 709-7757 for a free initial consultation. The offices of Villani & DeLuca, P.C. are conveniently located in Point Pleasant Beach. We represent clients facing criminal charges throughout Ocean and Monmouth County New Jersey.

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Villani & DeLuca, P.C. is committed to answering your questions about Divorce & Family Law, Criminal Defense, Personal Injury, and DWI & Traffic Law issues in New Jersey. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.