West New York, NJ asked in Car Accidents and Criminal Law for New Jersey

Q: Does 2C:12-1.1 state that a person can be convicted for both agg. assault and assault by auto with 2 separate sentences?

"If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1."

I just want to clarify if this means that the defendant can be charged for both of these things if the did leave the scene of an accident and there was a victim who suffered serious bodily injury as a result. Wouldn't this be considered double jeopardy?

Say the defendant had these four convictions: assault by auto, aggravated assault, endangering injured victim, and leaving the scene of an accident resulting in serious bodily injury. These convictions are all for the same crime, is it justified?

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1 Lawyer Answer
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: More information is needed however, Generally a good lawyer can prevent a conviction on all of these charges and only have you plead to 1 or 2 out of 4, if you are in fact guilty of the crime. But everything depends on the facts of the case. If you don't have a lawyer get one as your looking at several years in jail, if you do have a lawyer you should not be posting a question on a public forum where anything you say can and could be used against you.

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