Assault by Auto can Result in an Aggravated Assault Conviction
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 732-965-3350 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.