New Jersey law contains specific provisions for assault cases involving automobiles. Each case is unique, and charges can range from a disorderly persons offense to a second-degree offense, based on the circumstances surrounding the automobile assault. Depending on the severity of the charge, automobile assault can carry penalties, such as serious fines and even jail time. A skilled criminal defense lawyer can help a client who is accused of assault by automobile.
In New Jersey, an individual can be found guilty of assault by automobile if they commit all of the following:
The individual was the operator of the motor vehicle.
The individual engaged in conduct that was reckless.
The individual caused a car accident.
An injury was caused by this reckless conduct.
For conduct to be considered reckless, it must involve actions that display extreme indifference to the welfare of others. Examples of recklessness include speeding, drunk driving, or the refusal of the driver to submit to a breathalyzer test.