Q: What dose NJ violation 2C : 12-1C (2) mean and how bad is it
My son dwi last night
A: It’s an assault by auto charge, which is a 4th degree offense and up to 18 months in jail, unless it happened during a DWI, in which case it is a third-degree offense, punishable from 3 to 5 years in state prison.
A: The answer depends on how bad you consider the possibility of up to five years in jail, because that's what he could serve depending on the facts of this case and which degree of crime he was charged with. Most people would consider this a very serious offense and because prosecutors generally ask for jail time most judges give it. The general question is how much time and that will depend on the facts of his case, the defenses he has, and the quality of attorney he chooses. The only thing that he can change now is the quality of attorney he chooses so pick wisely because that may mean the difference between jail or no jail or 5 years or 5 days.
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