Defenses Against Death By Auto In Bergen County

“Death by auto” is one of the most serious charges you can face in New Jersey. You may face this charge if you kill someone with your vehicle, even accidentally. If you face this charge, it makes sense to approach your defense in an effective, organized manner. An experienced defense attorney in Bergen County may be able to guide you toward a positive outcome, and you might want to discuss your situation with one of these legal professionals.

What Is the Legal Definition of “Death by Auto” in New Jersey? 

“Death by auto” is equivalent to “vehicular homicide” in other jurisdictions. You may face this charge if you cause someone else’s death through reckless conduct behind the wheel. This might include becoming sleep deprived, becoming intoxicated, texting, or committing various traffic violations. The court has discretion when determining whether your conduct was “reckless” or not.

What Are the Penalties for Death by Auto in New Jersey? 

Death by auto is usually a crime of the second degree. The maximum penalty for a second-degree crime in New Jersey is 10 years in prison. However, death by auto could also be a crime of the first degree if it involves a death in a school zone. The penalty for a first-degree crime in New Jersey is up to 20 years in prison.

You might also face a lesser penalty if you prove that your only mistake was to fail to stay in your lane. For example, you might have simply veered out of your lane during a turn in the road before colliding head-on with another vehicle. If you can show a “preponderance of evidence” (more than 50% likelihood) that this was your only violation, this could be a third-degree crime. The penalty for a third-degree crime in New Jersey is up to five years in prison.

What Are Some Defenses to Death by Auto in New Jersey? 

A suitable defense strategy might be to establish that your conduct, while dangerous, did not rise to the level of “recklessness.” You might also attempt to establish that the accident was caused by a factor outside of your control, such as poor weather or another negligent driver. Of course, you could also pursue a plea deal and hope for a lenient sentence, especially if the evidence against you seems overwhelming.

Can a Bergen County Defense Attorney Help Me? 

If you face death by auto charges in Bergen County, a defense attorney may be able to help. In this situation, the most appropriate defense strategy probably depends on your unique circumstances. Consider discussing your charges in more detail with Phillip J. Murphy, Attorney at Law. Contact our firm today to schedule a consultation.

Source: 

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