Death by Auto
New Jersey Vehicular Homicide Defense Attorney
New Jersey Vehicular homicide attorney, Anthony N. Palumbo from The law offices of Anthony N. Palumbo defends Death by Auto charges in Middlesex County, Essex County, and Union County including Elizabeth, Cranford, Linden, Westfield, Clark, Rahway, Roselle, Roselle Park, Plainfield, Mountainside, and Garwood. I personally have over thirty-five (35) years of experience fighting for the rights of my clients criminal traffic offenses. Contact me today at 908-643-6801 to speak with an experienced attorney regarding your Death by Auto charges.
Death by Auto, or criminal vehicular homicide, occurs when a driver kills someone while driving recklessly. Death by Auto is a second degree crime, and carries penalties of five to ten years in prison plus a license suspension period of five years to life. Whether a driver’s actions are ‘reckless’ within the meaning of the law is an issue that will be argued in court. If a criminal defense lawyer can prove that the driver’s actions were not reckless, the charge must be dismissed. I have been litigating criminal traffic offenses for many years and I have a very high success rate defending these charges. I have obtained countless acquittals and reduced charges for my clients. While each case is unique, there are numerous defenses that can be mounted against your charge. To learn the best possible outcome against your death by auto charge, and any potential setbacks given the specific facts of your case, contact me today for a free initial consultation.
FREE CONSULTATION ▪ 908-643-6801
Call anytime, day or night, 24/7, no obligations, all questions answered
Death by Auto in New Jersey
The definition of death by auto is set forth under N.J.S.A. § 2C:11-5, as a crime that occurs when a driver kills someone while driving recklessly. There is certain conduct that will automatically prove that the driver was reckless in court, unless the defense attorney can provide some additional evidence to disprove it. This conduct includes driving under the influence of alcohol or drugs, falling asleep while driving, or driving while sleep deprived. In countless cases, I have been able to have charges dismissed by showing my client was not reckless in his actions.
If you would like to discuss your charge with an attorney about your case at no obligation, contact me today at 908-643-6801 for a free consultation. I can tell you immediately whether your case should be fought in court or negotiated for lesser charges. I will give you an honest assessment of your case, discuss the various options of relief available, and the likely outcome of each option.
Penalties for Death by Auto
Generally, death by auto is a second degree crime which if convicted carries five to ten years in prison. Additionally, once a person is released from prison, their license will be suspended for a period of time ranging anywhere from five years to life. In certain situations, the charge for death by auto will be upgraded to a first degree crime. The following scenarios will result in a first degree charge:
- Defendant was driving a car while on school property or within 1,000 feet of school property; or
- Defendant was driving a car through a designated school crossing; or
- Defendant was driving a car through a non-designated school crossing if the defendant knows that juveniles are present.
When charged with first degree death by auto, the defendant will have to forfeit his vehicle unless the defense attorney can show that forfeiting the car would cause a serious hardship on the family that outweighs the risk of the defendant’s conduct.
Mandatory Term Imposition
Mandatory term imprisonment is a penalty that requires a convicted defendant to serve a minimum period of time in jail before becoming eligible for parole. This penalty is imposed in death by auto cases only when the driver is convicted of the charge and was under the influence of drugs or alcohol at the time of the accident, or his license was suspended or revoked at the time of the accident. The minimum sentence to be served before the defendant becomes eligible for parole is one-third to one-half of the sentence imposed, or three years, whichever is greater.
Death by Auto Lawyer
If you have taken someone’s life with your vehicle then you are facing serious charges that could easily affect the rest of your life. At The Law Offices of Anthony N. Palumbo, I resolve death by auto charges with a combination of open communication and sharp legal tactics. This is the best way to make sure that whether the charge is resolved by plea or trial, it is done efficiently and in the best interest of the client. Working with an experienced attorney is your best chance to fight your Death by Auto charges and protect your rights and freedom. Contact me today for a free consultation at 908-643-6801 by phone or in person at your convenience.
I represent individuals against death by auto charges throughout New Jersey in Middlesex County, Essex County, Hudson and Union County including the towns of Elizabeth, Cranford, Linden, Westfield, Clark, Rahway, Roselle, Roselle Park, Plainfield, Mountainside, and Garwood, Hillside, Berkeley Heights, and Scotch Plains.