Have you been charged with a vehicular crime? The consequences of a conviction can have a negative impact on the rest of your life. For this reason, it’s 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’s important to understand the severity of your charges.
Vehicular Homicide in New Jersey
Vehicular homicide is the most serious vehicular crimes a person can be charged with. You can face vehicular homicide charges if someone suffers fatal injuries as a result of your 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 a first-degree offense if it occurs on or near school property.
Strict Liability Vehicular Homicide in New Jersey
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 used to fall under the standard vehicular homicide category, but now, it is its own offense.
Strict liability vehicular homicide is a third-degree offense. In most cases, first-time offenders are not sentenced to prison if they are convicted of a third-degree offense since it is their first conviction. But, this does not apply to people who are convicted of strict liability vehicular homicide, so even first-time offenders could face prison time.
Assault By Auto in New Jersey
If someone is injured as a result of your reckless driving, you can face an assault by auto charges. This crime can be charged as a disorderly person offense, fourth-degree crime, third-degree crime, or second-degree crime.
Assault by auto is a disorderly person offense if the victim suffers a bodily injury due to your reckless driving. It becomes a fourth-degree crime if the victim suffers serious bodily injury, and is a third-degree crime if you are under the influence of alcohol or drugs at the time the victim is seriously injured. This crime is a second-degree offense if it occurs close to a school or in a school zone.
Eluding in New Jersey
Drivers are legally required to pull over at the request of a law enforcement officer. A driver that attempts to flee after being asked to pull over can face eluding charges in New Jersey.
Most eluding crimes are third-degree offenses, which carry serious penalties such as:
- Between 3-5 years in prison
- Fines up to $15,000
Eluding is a second-degree offense if you commit any motor vehicle violation while eluding the officer. If it is charged as a second-degree crime, eluding can result in:
- Between 5-10 years in prison
- Fines up to $150,000
The court can impose additional penalties on offenders, including a driver’s license suspension.
Call Now to Schedule A Free Consultation With The Hernandez Law Firm
Have you been charged with a vehicular crime? The consequences of a conviction can have a negative impact on the rest of your life. For this reason, it’s in your best interest to fight the charges with the help of experienced criminal defense attorney Steven Hernandez. To schedule a free consultation, call 732-286-2700 or submit your information using the form on this website.