(732) 582-5076Experienced Attorney Representing Clients Accused of Committing Vehicular Crimes
If you or a loved one have been arrested and charged with a vehicular crime, you must hire an experienced criminal defense lawyer who can defend your rights, freedom, and reputation.
The consequences of a conviction can have a negative impact on the rest of your life. For this reason, it is in your best interest to fight the charges with the help of experienced criminal defense attorney Steven Hernandez.
The state of New Jersey aggressively prosecutes a number of vehicle crimes, including:
- Vehicular homicide
- Strict liability vehicular homicide
- Assault by auto
- Eluding
If you are accused of committing one of these crimes, it is essential to understand the severity of your charges. The Hernandez Law Firm, P.C. is dedicated to assisting individuals facing vehicular criminal charges. Contact our Toms River, NJ, law office and ask to schedule a free consultation so that we may thoroughly assess your case and determine what legal options are available.
When Can New Jersey Charge Someone With Vehicular Homicide?
Vehicular homicide is the most severe vehicular crime a person can be charged with under New Jersey law. An individual can face vehicular homicide charges if someone suffers fatal injuries as a result of reckless driving. Some examples of reckless driving include:
- Texting and driving
- Talking on the phone while driving
- Driving while extremely fatigued
- Driving under the influence
- Speeding at an excessive rate
Most vehicular homicide charges are second-degree offenses, which are punishable by up to 10 years in prison and $150,000 in fines. The crime is considered first-degree vehicular homicide if it occurs on or near school property.
What are the Criminal Penalties for Vehicular Homicide?
The penalties for vehicular homicide can have a negative life-changing impact on those who have been convicted. Penalties for vehicular homicide typically depend on whether the criminal offense was charged as a second or first-degree crime.
Second-degree vehicular homicide is punishable by 5 to 10 years of incarceration, and a first-degree conviction can result in 10 to 20 years of prison time. Individuals may also be ordered to pay the victim’s family restitution and hefty fines up to $200,000. Finally, a vehicular homicide conviction can also result in the defendant having their driver’s license revoked or suspended for a lengthy amount of time.
It should also be noted that New Jersey has a No Early Release Act that stipulates that those convicted of vehicular homicide must serve at least 85% of their sentence before they may be considered eligible for parole.
If you have been arrested and charged with vehicular homicide in New Jersey, you cannot afford to wait to hire an attorney like Steven Hernandez. The Hernandez Law Firm, P.C. has a proven record of developing solid legal strategies to help clients obtain favorable outcomes.
For example, our legal team may be able to dispute critical factors such as a reckless operation or factors out of the driver’s control that contributed to the accident. Finally, state prosecutors must prove beyond a reasonable doubt that
What is Strict Liability Vehicular Homicide?
Strict liability vehicular homicide is similar to standard vehicular homicide. This new law allows the state to aggressively prosecute people who have killed someone while driving under the influence of alcohol or drugs. This crime formerly fell under the standard vehicular homicide category but now is a separate offense.
Strict liability vehicular homicide is a third-degree offense. In most cases, first-time offenders are not sentenced to prison if convicted of a third-degree offense since it is their first conviction. Nevertheless, this does not apply to defendants who are convicted of strict liability vehicular homicide, and therefore, even first-time offenders could face prison time.
However, for defendants to be convicted of strict liability vehicular homicide, the state must prove beyond a reasonable doubt that the accused was driving under the influence. As a result, prosecutors must also present evidence demonstrating the defendant is guilty of a felony DWI with a BAC of over 0.08%.
When Can a Person Be Charged With Assault By Auto?
If someone is injured as a result of reckless driving, they may face assault by auto charges. Assault by auto is a vehicular crime that can be charged as a disorderly person offense or fourth-degree crime.
Assault by auto is charged as a disorderly person offense if the victim suffers a bodily injury due to reckless driving. This criminal action becomes a fourth-degree crime if the victim suffers serious bodily injury and a third-degree crime if the perpetrator is under the influence of alcohol or drugs at the time the incident occurred. Finally, assault by auto is a second-degree offense if it occurs close to a school or in a school zone.
What are the Penalties for Fleeing to Elude?
Drivers are legally required to pull over at the request of a law enforcement officer. A driver who attempts to flee after being asked to pull over can face eluding charges in New Jersey.
Most eluding crimes are classed as third-degree offenses, which carry severe penalties such as:
- Between 3-5 years in prison
- Fines up to $15,000
Eluding is a second-degree offense if the accused commits any motor vehicle violation while eluding the officer. If it is charged as a second-degree crime, fleeing to elude can result in:
- Between 5-10 years in prison
- Fines up to $150,000
The court can impose additional penalties on offenders, including suspending the defendant’s driver’s license.
Why Should I Trust My Future to Your Vehicular Homicide Lawyer?
If you have been charged with a vehicular crime, a conviction’s consequences can negatively impact the rest of your life. Not only is your freedom at stake but your future and standing in the community can also be permanently damaged.
For this reason, it is in your best interest to fight the charges with the help of experienced DWI attorney Steven Hernandez. Mr. Hernandez has the experience and skills to aggressively fight the charges and achieve a favorable outcome on your behalf.
When you come to The Hernandez Law Firm, P.C. for help, our dedicated legal team will professionally evaluate your case to determine the strengths and weaknesses of the state’s evidence.
To learn more about our legal services and how we can help you through this challenging time in your life, contact The Hernandez Law Firm, P.C. of Toms River, NJ, at (732) 582-5076 to schedule a free consultation or submit your information using the form on this website.