An Elizabeth New Jersey women was charged with both DWI, assault by auto and aggravated assault this past week. The arrest took place after the motorist hit a pedestrian causing serious bodily injury.
Whenever injuries are sustained in an alcohol related automobile accident, you can expect an investigation for driving while intoxicated or under the influence of drugs. The ensuing investigation here revealed that the defendant was intoxicated. This also mushroomed into indictable criminal charges for assault by auto based on the fact that extensive leg injuries were caused to the victim. The police ultimately filed an even more serious felony criminal charge, second degree aggravated assault, based on the fact that the serious and/or significant bodily injuries were sustained as the result of reckless conduct of the Elizabeth driver.
Assault by auto is a third degree crime when the related accident is the result of DWI/DUI. The penalties for third degree assault by auto include up to 5 years in prison and a fine of up to $15,000. The situation gets significantly more complicated, however, when the driver’s actions cause serious bodily injury to another person as N.J.S.A. 2C:12-1b(1) then applies. This law makes it a second degree crime of aggravated assault to “cause serious bodily injury to another…under circumstances manifesting extreme indifference to the value of human life”. A common scenario is for a motorist to be charged with assault by auto and also face an offense for second degree aggravated assault if their intoxication caused an accident resulting in serious bodily to another person. This form of aggravated assault carries 5-10 years in prison and a fine of up to $150,000 at the Union County Superior Court in Elizabeth.
Elizabeth Lawyers for Aggravated Assault Charges
The criminal defense lawyers at the Law Offices of Jonathan F. Marshall have extensive experience defending aggravated assault charges at the Union County Courthouse located in Elizabeth. Several of the attorneys on our staff also have the benefit of serving as prosecutors. A lawyer with the skills to develop a comprehensive defense plan to successfully defend your Elizabeth aggravated assault offense is ready to provide a free consultation immediately. If you were charged with assault by auto or, worse yet, a second degree crime for aggravated assault, an attorney is available at 908-272-1700.
For additional details regarding this criminal case, you can visit the following article: Union County Woman Charged With DUI After Hitting Pedestrian: Prosecutor
