Assault

Assault by Auto cases rely on two standards of injury to a victim, “bodily injury” and “serious bodily injury.”

Bodily injury can by anything, even simply pain that the victim links to the accident alleged to be caused by your recklessness.

A cut, bruise, or soreness that impairs physical condition, even briefly, are all considered bodily injury that can be prosecuted under assault by auto.

Serious bodily injury is definitely a more significant impairment, and charges are heightened in this case.

Definitions can be interpreted broadly, but are generally understood as permanent disfigurement, substantial risk of death, or the protracted loss or impairment of the function of any part of the body.

With our without the element of drunkenness, assault by auto is a serious criminal charge that can put you in prison and saddle you with enormous fines.

You’ll also have to contend with a criminal record on all background checks for the rest of your life.

That doesn’t have to be your future. Call Matthew Reisig at 732-625-9661 for immediate help with serious criminal charges.

While New Jersey’s DWI law is unusual in keeping DWIs as traffic infractions and not criminal matters, if someone is injured as a result of drunk driving, the case takes on a whole new dimension.

Third degree Assault by Auto is a criminal charge that prosecutors will pursue if a DWI-related accident resulted in “serious bodily injury” to another party.

Generally, assault by auto requires a showing of reckless conduct in the operation of the vehicle, but in third degree assault by auto, the operator’s drunkenness is the element of recklessness.

For third degree assault by auto, you’ll be facing 3-5 years in New Jersey State Prison and a fine of up to $15,000. When the DWI-related assault by auto happens in a school zone, it becomes a Second Degree offense, and carries a penalty of 5-10 years and a fine of up to $150,000.

Don’t fight serious charges alone. Call attorney Matthew Reisig today at 732-625-9661 and get help right away.

Yes, if it causes “a stinging sensation”, which was set forth in State v. Downey, 242 N.J. Super. 367(LAW Div. 1988).

In addition, bodily injury is defined as physical pain, illness, or any impairment of physical condition.

This definition is found in the criminal code at 2C:11-1a.

If you or a family member needs help with simple assault, call us at 732-625-9661.

Yes. Completely. Totally. Absolutely. In every way under the sun.

Mr. Reisig has successfully defended clients charged with Assault on multiple occasions in both jury trials and bench trials based on self-defense claims.

If you or a family member needs help with a aggravated assault charge, call us at 732-625-9661.

Yes, New Jersey Rule of Evidence 501(2) specifically exempts a privilege where a spouse in a marriage or a partner in a civil union is the victim of an alleged crime by the other spouse or civil partner.

New Jersey Rule of Evidence 509 would also permit a spouse to testify against another spouse in a Simple Assault or Aggravated Assault proceeding.

If you or a family member needs help with assault, call us at 732-625-9661.

Yes, self-defense is an affirmative defense which means that the State must be noticed by the Defense prior to trial that self-defense will be utilized by the Defendant.

Mr. Reisig has won significant jury trials utilizing self-defense as a complete defense to 2nd degree aggravated assault.

If you are charged for assault in NJ, call me at 732-625-9661 to discuss the possible ways to defend against this charge.