New Jersey Attorney Defending Clients Charged With Assault By Auto, Vehicular Homicide, and Leaving Scene of an Accident

Assault By Auto, Vehicular Homicide, and Leaving the Scene of an Accident are very serious charges that can have severe consequences upon conviction. Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side. Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience. Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of criminal offenses throughout New Jersey.

Ms. Denholtz handles her cases with exacting attention to detail and works tirelessly to ensure her clients receive the best possible outcome for their individualized situation. At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves. Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Assault By Auto (N.J.S.A. 2C:12-1(c))

Assault By Auto: Under N.J.S.A. 2C:12-1(c)(1), a person is guilty of assault by auto or vessel if, when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another.

4th Degree Offense (Serious Bodily Injury): Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results. A crime of the 4th degree is punishable by up to 18 months in New Jersey State Prison.

Disorderly Persons Offense (Bodily Injury): Assault by auto or vessel is a disorderly persons offense if bodily injury results. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to an inference that the defendant was driving recklessly.

Assault By Auto and DUI/DWI:

2nd Degree Offense: Under N.J.S.A. 2C:12-1(c)(3), assault by auto is a crimes of the 2nd degree if serious bodily injury results from the defendant operating the auto or vessel while driving under the influence of drugs or alcohol while on school property, while within 1,000 feet of school property, or while driving through a school crossing.

3rd Degree Offense: Under N.J.S.A. 2C:12-1(c)(2), assault by auto or vessel is a crime of the 3rd degree if the person drives the vehicle or vessel while under the influence of alcohol or drugs and serious bodily injury results. A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison.

4th Degree Offense: Under N.J.S.A. 2C:12-1(c)(2), assault by auto or vessel is a crime of the 4th degree if the person drives the vehicle or vessel while under the influence of alcohol or drugs and bodily injury results.

Assault By Auto Purposely Driving in Aggressive Manner:

3rd Degree Offense: Under N.J.S.A. 2C:12-1(c)(4), assault by auto or vessel is a crime of the 3rd degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and serious bodily injury results.

4th Degree Offense: Under N.J.S.A. 2C:12-1(c)(4), assault by auto or vessel is a crime of the 4th degree if the person purposely drives a vehicle in an aggressive manner directed at another vehicle and bodily injury results.

“Driving in an Aggressive Manner” Defined: For purposes of this paragraph, "driving a vehicle in an aggressive manner" shall include, but is not limited to, unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.

Assault By Auto Definitions:

“Bodily Injury” Defined: “Bodily Injury” means physical pain, illness, or any impairment of physical condition.

“Serious Bodily Injury” Defined: “Serious Bodily Injury” means bodily injury which creates a substantial risk of death, or which causes serious and permanent disfigurement, or which causes protracted loss or impairment of the function of any bodily member or organ.

“Vessel” Defined: A “vessel” means any means of travel on water which is propelled by something other than muscular power.

Death By Auto (N.J.S.A. 2C:11-5)

Reckless Vehicular Homicide: Under N.J.S.A. 2C:11-5(a), criminal homicide constitutes reckless vehicular homicide when it is caused by driving a vehicle or vessel recklessly.

Driving While Sleep Deprived: Proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly.

Driving While Intoxicated: Proof that the defendant was driving while intoxicated or was operating a vessel under the influence of alcohol or drugs shall give rise to an inference that the defendant was driving recklessly.

Driving While Using Phone: Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to an inference that the defendant was driving recklessly.

Failing to Maintain Lane: Proof that the defendant failed to maintain a lane may give rise to an inference that the defendant was driving recklessly.

*NOTE RE: Non-Exhaustive List: Nothing in this section shall be construed to in any way limit the conduct or conditions that may be found to constitute driving a vehicle or vessel recklessly.

Sentencing for Reckless Vehicular Homicide:

1st Degree Offense - Operating Under the Influence On or Near School Property: Reckless vehicular homicide is a crime of the 1st degree when the defendant was operating a motor vehicle or vessel on or within 1,000 feet of any school property, school crossing.

Mandatory Driver’s License Suspension: A defendant convicted of reckless vehicular homicide who was operating an auto or vessel under the influence of drugs or alcohol at the time of the death must have his driver’s license suspended for 5 years (the term of which starts once the person is released from prison).

Forfeiture of Vehicle: Any person convicted of reckless vehicular homicide under this subsection (N.J.S.A. 2C:11-5(b)(3)) must forfeit the auto or vessel used in the commission of the offense, unless the defendant can establish at a hearing by a preponderance of the evidence that such forfeiture would constitute a serious hardship to the family of the defendant that outweighs the need to deter such conduct by the defendant and others.

*NOTE – Knowledge of School Property/Crossing Not Required: It is not a defense that the defendant was unaware that the prohibited conduct to place while on or within 1,000 feet of any school property or while driving through a school crossing.

*NOTE – Juveniles Need Not Be Present: It is not a defense that no juveniles were present on the school property or crossing zone at the time of the offense or that school was not in session.

2nd Degree Offense - Operating Under the Influence: Reckless vehicular homicide is a crime of the 2nd degree when the defendant was operating the auto or vessel while under the influence of any intoxicating liquor or drug.

Mandatory Driver’s License Suspension: A defendant convicted of reckless vehicular homicide who was operating an auto or vessel under the influence of drugs or alcohol at the time of the death must have his driver’s license suspended for 5 years (the term of which starts once the person is released from prison).

Operating While license Suspended: The defendant was operating the auto or vessel while his driver’s license or reciprocity privilege was suspended or revoked.

Sentencing Exposure: 2nd degree reckless vehicular homicide has an exposure of 5-10 years in New Jersey State Prison with a mandatory minimum term of 1/3 to 1/2 of the sentence which must be served without eligibility for parole or 3 years (whichever is greater). However, the Court shall not impose a mandatory sentence unless the grounds to do so have been established at a hearing. At that hearing, the prosecutor must establish by a preponderance of the evidence that the defendant was operating an auto or vessel while under the influence of drugs or alcohol, or while his license was suspended or revoked.

3rd Degree Offense: Reckless vehicular homicide is a crime of the 3rd degree if the defendant proves by a preponderance of the evidence that the defendant did not commit any conduct constituting driving a vehicle or vessel recklessly, other than failing to maintain a lane. A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison.

Leaving the Scene of An Accident (N.J.S.A. 2C:11-5.1)

Leaving the Scene of An Accident: Under N.J.S.A. 2C:11-5.1, a motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S. 39:4-129 shall be guilty of a crime of the 2nd degree if the accident results in the death of another person. A 2nd degree offense is punishable by up to 10 years in New Jersey State Prison, and any sentence imposed under this section must be served consecutively to any sentences imposed for any other offenses.

*NOTE – Knowledge of Death Not Required: For the purposes of this section, neither knowledge of the death nor knowledge of the violation are elements of the offense and it shall not be a defense that the operator of the motor vehicle was unaware of the death or of the provisions of R.S. 39:4-129.

Contact a New Jersey Vehicular Homicide

Lawyer for a Free Consultation

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.