BSPE Legal Marketing Podcast
BSPE Legal Marketing podcasts discuss legal issues. Entertainment only does not constitute legal advice.
BSPE Legal Marketing Podcast
What Is 2C:12-1.1 and Assault by Auto in New Jersey? - Rachel Kugel
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From The Kugel Law Firm - What Is 2C:12-1.1 and Assault by Auto in New Jersey? breaks down how N.J.S.A. 2C:12-1.1 and N.J.S.A. 2C:12-1(c) operate as separate but often related charges in New Jersey, especially in cases involving serious bodily injury and motor vehicle accidents. This episode explores how assault by auto and leaving the scene of an accident can arise from the same incident, the legal definitions behind bodily injury versus serious bodily injury, and why these distinctions carry major consequences for anyone facing charges in Newark and throughout New Jersey.
Listeners will gain clarity on how prosecutors attempt to prove recklessness, what separates negligence from conscious disregard of risk, and how factors like DUI, DWI, BAC thresholds, and refusal-related allegations can elevate charges. The discussion highlights how school zones, including school property and 1,000-foot boundaries, can enhance penalties, potentially increasing exposure from a disorderly persons offense to second-degree crimes with significant prison time and fines under New Jersey law.
The episode also walks through the statutory elements required under N.J.S.A. 2C:12-1.1, including the meaning of “knowingly” leaving the scene and how it differs from violations under N.J.S.A. 39:4-129. It explains why drivers do not need to know someone was seriously injured to face third-degree charges, and how cases involving multiple statutes like N.J.S.A. 2C:11-5.1 can lead to consecutive sentencing and compounded legal exposure.
Attorney Rachel Kugel shares insight into defense strategies used at The Kugel Law Firm, including challenging recklessness, disputing causation, and questioning the severity of injuries. The episode also covers practical scenarios such as distracted driving, excessive speeding, and emergency circumstances, while guiding listeners through what to expect when facing charges in Superior Court or municipal court. This conversation provides a grounded look at navigating complex criminal allegations while protecting your rights in New Jersey.
The Kugel Law Firm
1 Gateway Ctr SUITE 2600, Newark, NJ 07102, United States
(973) 854-0098