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:
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.
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 732-965-3350 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.
