New Jersey Assault By Auto Attorneys
Dedicated to Keeping Our Clients Out of Prison and Without a Criminal Record
Imagine a reckless conduct charge being taken to trial as a fourth-degree offense. How about an aggravated assault charge being tried as a third-degree assault or even second-degree crime? This reality happens to individuals every day when they’re accused of causing serious bodily injury through the reckless operation of certain vehicles. If convicted, the repercussions could be life-altering. That’s why anyone facing such charges should speak with a New Jersey assault by auto lawyer at The Bianchi Law Group.
Contact us today for a free consultation.
How Does New Jersey Define Assault by Auto?
The New Jersey Assault by Auto statute criminalizes the act of recklessly operating a Motor Vehicle (or a vessel) and causing injury to another. N.J.S.A. 2C:12-1(c). A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The degree of the assault by auto depends on the nature of the victim’s injury.
For example, it’s a crime of the fourth degree if the victim suffers serious bodily injury and only a disorderly person’s offense if bodily injury results. Assault by Auto should be considered and compared to New Jersey’s Death by Auto and Vehicular Homicide statute, N.J.S.A. 2C:11-5, which applies when a person recklessly causes the death of another with a motor vehicle or vessel. There are also certain statutory enhancements — under N.J.S.A. 2C:12-1(c)(2) and (c)(3) — that can elevate an Assault by Auto to a third-degree crime under certain circumstances.
Regardless of the underlying circumstances — which could result in second-degree crime charges and 10 years in prison — the potential consequences of a conviction are always severe. At The Bianchi Law Group, our New Jersey assault-by-auto lawyers are ready to fight for you. Contact us today to discuss your case with an experienced criminal defense attorney.
Former Assault by Auto Prosecutors
Being charged with a New Jersey assault by auto offense is a serious situation. This is why it’s ideal to have an experienced attorney on your side — particularly a legal professional with experience as a former prosecutor. The Bianchi Law Group is made up of a team of former trial prosecutors who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey, including Assault by Auto.
Our law firm’s partners are dedicated legal advocates, and you can sit down for a free initial consultation with them today by giving us a call at (862) 292-4442.
Robert A. Bianchi
Founding Partner and Former Morris County Prosecutor Robert A. Bianchi has returned to private practice after running the operations of the entire Morris County Prosecutor’s Office, having served as the Morris County Prosecutor for 5 and 1/2 years (2007-2013). Mr. Bianchi was appointed as the Morris County Prosecutor by the Governor of the State of New Jersey and unanimously confirmed by the New Jersey Senate in 2007.
While serving as the Morris County Prosecutor, Mr. Bianchi ran the entire office’s operations, including all of its attorneys, detectives, and support staff, with a budget of approximately 11 million dollars. His innovative programs and approach have led to numerous awards from State, Local, Municipal, business, and private entities. Robert Bianchi served on the Executive Board of the County Prosecutors’ Association and was one of the few prosecutors in many years to actually argue cases, motions, and sentences in court, and actually tried a murder case himself, which is extremely rare for a sitting county prosecutor.
Mr. Bianchi was previously a Hudson County Assistant Prosecutor (1989-1996) and thereafter a partner in the law firm Bianchi & Bianchi (1996-2007). Robert was one of the few attorneys in the State who qualified to handle death penalty cases when New Jersey had the death penalty.
David J. Bruno
Partner David J. Bruno has also returned to private practice after serving as Morris County Assistant Prosecutor (2007-2013). As an assistant prosecutor, Mr. Bruno prosecuted murder, major crimes, white collar, internal affairs, domestic violence, elderly abuse, and assault by auto cases. Additionally, Mr. Bruno handled fraud and Major Crimes investigations and successfully tried a wide variety of trials, including securing convictions for several high-profile murder cases.
As an Assistant Prosecutor, David Bruno was assigned to the Major Crimes and Vehicular Homicide Unit, where he investigated and supervised investigations of suspicious deaths caused by vehicles. Mr. Bruno was responsible for responding to crime scenes, obtaining warrants for blood and vehicles, making charging decisions, and handling the prosecutions of these cases to trial. In December 2012, then Prosecutor Bianchi and Assistant Prosecutor Bruno worked together to secure a murder conviction against Jose Feliciano for the violent death of Father Edward Hinds at St. Patrick’s Church in Chatham, New Jersey. Mr. Feliciano was sentenced to life without parole.
Together, Robert A. Bianchi, David J. Bruno, and our team of former prosecutors make up an aggressive, ethical, and results-oriented New Jersey Criminal Defense firm that handles all criminal, municipal, and DUI/DWI cases in New Jersey, including Assault by Auto cases.
Certified Criminal Trial Attorneys by the New Jersey Supreme Court
Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. In New Jersey, the New Jersey Supreme Court has a certification committee that classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria, including extensive jury trials, a primary focus on criminal law, an application submission, a peer review process, a character and background check, and passing a written examination.
Only 250 of over 98,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys, but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney. When you’re accused of reckless conduct via an assault by auto charge, this distinction is incredibly important.
When serious bodily injury results from an alleged crime, prosecutors may try to offer a plea deal. However, you should never accept such a deal without first having your New Jersey assault by auto attorney review the specifics. And while it’s sometimes possible to have charges dropped altogether, prosecutors will also frequently refuse to do what’s right. When this happens, we’re prepared to go to trial — and our certification shows that we’re equipped for the job at hand. Contact us today to learn more about how we can help.
Trial Ready New Jersey Criminal Lawyers
Like in all of our cases handled at the Bianchi Law Group, our experienced team of former prosecutors are there to ensure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys.
We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys. We will not hesitate to go to trial if doing so is in your best interest. Individuals who allegedly operate a vehicle recklessly and cause bodily injury can face anything from a fourth-degree crime all the way to a second-degree felony. This is a scary situation for someone who may only be guilty of reckless driving, but more importantly, everyone accused of a crime deserves dedicated legal assistance. That’s what we offer at The Bianchi Law Group.
Contact our assault by auto lawyers in New Jersey at (862) 292-4442 to schedule your free consultation.