Assault by Auto Lawyer in Jersey City & Hudson County
Reviewed by William A. Proetta, Esq. · Updated
Assault by auto under N.J.S.A. 2C:12-1(c) is charged when someone is injured by a driver who was driving recklessly. It ranges from a disorderly persons offense to a second-degree crime, depending on the injury, whether the driver was impaired, and whether it happened near a school. A crash on Route 440 in Jersey City, the approach to the Lincoln Tunnel in Weehawken or a busy Hoboken intersection can lead to this charge alongside a DWI. William Proetta Criminal Law defends assault by auto charges throughout Hudson County from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018, 24/7. Se habla español.
How Assault by Auto Is Graded
Assault by Auto Under N.J.S.A. 2C:12-1(c)
| Charge | Statute | Usual grade | Where it is heard |
|---|---|---|---|
| Reckless driving causing bodily injury | 2C:12-1(c)(1) | Disorderly persons | Municipal Court |
| Reckless driving causing serious bodily injury | 2C:12-1(c)(1) | 4th degree | Superior Court |
| While DWI or refusing, causing bodily injury | 2C:12-1(c)(2) | 4th degree | Superior Court |
| While DWI or refusing, causing serious bodily injury | 2C:12-1(c)(2) | 3rd degree | Superior Court |
| DWI or refusal in a school zone or crossing, causing bodily injury | 2C:12-1(c)(3) | 3rd degree | Superior Court |
| DWI or refusal in a school zone or crossing, causing serious bodily injury | 2C:12-1(c)(3) | 2nd degree | Superior Court |
| Purposely driving aggressively at another vehicle | 2C:12-1(c)(4) | 4th or 3rd degree | Superior Court |
Assault by Auto Cases in Jersey City, Hoboken and Hudson County
The disorderly persons version is heard in the municipal court of the town where the crash happened, such as Jersey City, Hoboken, Kearny, Union City or Bayonne. Every other version is indictable and goes to the Hudson County Superior Court at the Guarini Justice Complex near Journal Square. Crashes on Route 440 and Kennedy Boulevard in Jersey City, on the Pulaski Skyway and Route 7 in Kearny, and on Route 440 in Bayonne are common sources of these charges. See our court guides for Jersey City, Hoboken, Kearny, Union City and Bayonne.
Related Charges
Assault by auto rarely stands alone. It is often filed with DWI or refusal, reckless driving, leaving the scene of an accident that caused serious bodily injury (a third-degree crime under N.J.S.A. 2C:12-1.1, with no presumption against prison), or causing serious injury while driving with a suspended license (a fourth-degree crime under N.J.S.A. 2C:40-22). Each of these has its own penalties, and some must run consecutively. See our Jersey City DWI and Hudson County DWI pages for the motor vehicle side of the case.
Penalties and License Consequences
- Disorderly persons: up to six months in jail and a $1,000 fine.
- Fourth degree: up to 18 months; third degree: three to five years; second degree: five to ten years with a presumption of prison.
- License suspension comes from the DWI or refusal conviction or other related charges, and can be lengthy.
Assault by auto is not covered by the No Early Release Act, but the DWI-related versions are treated seriously by Hudson County prosecutors.
Arrest, Complaint-Warrants and Pretrial Detention
Serious-injury crashes, especially with suspected DWI, often lead to an arrest on a complaint-warrant, a blood draw or breath test, and a hold until a release decision is made. Once you are held on a complaint-warrant, the court must decide within 48 hours whether to release you. Pretrial Services prepares a Public Safety Assessment, and in Hudson County the first appearance is usually handled through Central Judicial Processing (CJP).
Detention motions are less common on this charge, but the prosecutor can still file a motion for pretrial detention when the facts involve violence, a weapon or a pending case.
Most people are released, usually with conditions such as reporting, a curfew, electronic monitoring or no contact with the alleged victim. Violating those conditions can put you back in jail. See our New Jersey pretrial release and detention guide.
Immigration Consequences
Reckless and DWI-based assault by auto is generally not a crime of violence under federal immigration law and usually is not treated as a crime involving moral turpitude, but the purposeful aggressive-driving version carries more risk, and any indictable conviction can complicate a visa, green card or citizenship application. We review the immigration side before any plea; see our immigration consequences practice area, immigration-safe plea strategy and lawful permanent residents pages.
Defending Assault by Auto
- Recklessness. An accident is not a crime. The State must prove you consciously disregarded a substantial risk.
- Causation and injury. Medical records may not support serious bodily injury, which can reduce the grade.
- The DWI evidence: Alcotest procedures, blood draw warrants, field sobriety testing and the 20-minute observation period.
- Crash reconstruction, road conditions and the other driver’s conduct.
Hudson County Assault by Auto FAQs
Is assault by auto a felony in New Jersey?
It can be. Reckless driving causing bodily injury is a disorderly persons offense, but serious injury, DWI or a school zone makes it a fourth-, third- or even second-degree crime.
Is assault by auto the same as a DWI?
No. DWI is a motor vehicle offense. Assault by auto is a criminal charge based on injuring someone while driving recklessly, and DWI makes the charge more serious.
Will I lose my license for assault by auto?
License suspension usually comes through the related DWI, refusal or other motor vehicle charges, which can carry long suspensions.
Can assault by auto be downgraded?
Yes. When the injury isn’t serious or recklessness is disputed, the case may be downgraded to the disorderly persons level in municipal court or resolved with motor vehicle pleas.
Can an assault by auto conviction affect my immigration status?
Reckless and DWI-based versions are generally not crimes of violence for immigration purposes, but any criminal conviction should be reviewed for immigration consequences before a plea.
Where is an assault by auto case from Jersey City or Bayonne heard?
The disorderly persons version stays in the municipal court where the crash happened. Every indictable version, including any case involving serious injury or DWI, goes to the Hudson County Superior Court in Jersey City.
Talk to a Hudson County Assault by Auto Lawyer
Crash data, video and medical records need to be preserved quickly. Call our Jersey City office at (201) 793-8018 for a free, confidential case review. We answer 24/7, and se habla español. See our Hudson County assault and threat charges page for related charges.