Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.345.3300

Former Prosecutor

Now Fighting for You

New Jersey Criminal Defense and DWI attorney
who knows how to navigate the local courts

FORMER PROSECUTOR

NOW FIGHTING FOR YOU.

New Jersey Criminal Defense and DWI attorney who
knows how to navigate the local courts.

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 years

Other areas we serve

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When Does Drug Possession Become Intent to Sell?

Those caught with illegal substances should be aware that an “intent to sell” charge is far worse than a simple possession charge alone. But that brings up a question that many convicted of drug possession, or more, may want to know – when does the possession of drugs become intent to sell? Certainly, there are…Continue Reading

Personal Property That Can Be Searched Once a Warrant is Issued

Personal Property That Can Be Searched Once a Warrant is Issued

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When a Crime is Accidentally Committed

When a Crime is Accidentally Committed

  So, you accidentally commit a crime, whatever it may be. Fortunately, no one was hurt in the process, and there were no damages to any property. So what happens next when a crime is accidentally committed?Continue Reading

Experienced Atlantic City, NJ Criminal Defense Attorney Fights Assault by Auto Charges


Regardless of how good a driver you are, distractions such as weather, other vehicles and roadway construction can get in your way. This is how true “accidents” happen. However, if you choose to drive recklessly, perhaps you are speeding or weaving or driving while intoxicated by alcohol or drugs, or talking or texting on a cellphone, and you cause an accident where one or more persons are injured, you may be charged with “assault by auto” or aggravated assault.

If you or someone you know has been charged with aggravated assault by auto, you know the penalties associated with conviction are severe in New Jersey. You need an experienced Atlantic City criminal defense lawyer who will investigate your case and prepare a winning defense. John W. Tumelty has been representing people charged with assault by auto in Atlantic and Cape May counties for more than 25 years. Fighting criminal charges can be difficult and frightening. You need Mr. Tumelty on your side.

What is Assault by Auto?

Not all roadway accidents are classified as “assault by auto.” However, a police officer in Atlantic City or an Atlantic County Prosecutor has a wide range of criminal offenses that they can use to charge and prosecute individuals who commit assaults with motor vehicles. Generally the seriousness of the offense will be based on the resulting harm to the victim and whether the driver acted purposely or recklessly in causing an accident. For example, New Jersey law considers it a second-degree crime for a driver to commit an assault recklessly under circumstances showing an indifference to the value of human life when such reckless driving results in serious bodily injury to a person.

“Bodily injury” is defined as physical illness, pain or impairment of physical condition. “Serious bodily injury” is defined as bodily injury which results in a high risk of death or which causes serious permanent, disfigurement, impairment, or loss of the function of any bodily organ.

  • A motorist acts with the intent or purpose to collide with a victim. (The degree of a charge for an intentional collision depends on the severity of the victim’s injury.)
  • A motorist acts recklessly, resulting in injuries to another person. (Examples of this are driving while intoxicated or extreme speeding.)
  • A motorist causes bodily injury while being chased by police or while joyriding.

What are the Penalties for Assault by Auto Conviction?

The nature of an assault by auto charge and punishments are contingent upon the severity and extent of the injuries to the victim (serious bodily injury or wrongful death), the location of the alleged crime and whether or not the defendant was intoxicated (DWI) at the time of the arrest.

Disorderly Persons: If the driver causes bodily injury as a result of the reckless operation of motor vehicle. A disorderly persons offense is punishable by fine of up to $1000 and prison term of up to six months. As an example, a driver may operate his vehicle recklessly by driving 30 miles per hour in excess of the posted speed limit. In driving in this manner, the driver disregards a risk that he could injure another person. If, due to excessive speed, the driver loses control of his car, crashes and a passenger receives painful cuts and bruises in the accident, the driver could be prosecuted for an assault by auto.

Fourth Degree Assault by Auto: If the driver causes serious bodily injury as a result of the reckless operation of motor vehicle. It is also a fourth degree where bodily injury is occurs as a result of driving while intoxicated. A fourth degree crime is punishable by six to 18 months in prison and up to $10,000 in fines.

Third Degree: If the driver causes serious bodily injury as a result of driving while intoxicated (DWI). A third degree crime is punishable by three to five years in prison and up to $15,000 in fines.

Second Degree: If the driver causes serious bodily injury in a school zone or driving through a school crossing as a result of driving while intoxicated (DWI). A second degree crime is punishable by five to 10 years in prison and a fine of up to $150,000.

Call John W. Tumelty Today for a Free Consultation with an Experienced Atlantic City NJ Criminal Defense Lawyer

If you or someone you love is charged with aggravated assault by auto, don’t face the charges alone. John W. Tumelty can help you. He is a former NJ deputy attorney general and former assistant prosecutor with the Atlantic County Prosecutor’s Office. For the past three decades, he has been prosecuting and defending people charged with various types of aggravated assault and other criminal offenses in South Jersey including Brigantine, Margate, Ventnor, Longport, Atlantic and Cape May counties.

Mr. Tumelty understands both how to defend auto-related charges, including DWI/DUI. Due to his experience as a prosecutor, he knows the strategies the State will use and can use that knowledge on your behalf. He has successfully defended charges of assault by auto and many others for over 30 years. Mr. Tumelty is focused on protecting the rights and interests of his clients. Contact him now for a free consultation by phone or at any of his three offices in Atlantic City, Marmora or Somers Point. He is available 24 hours a day, seven days a week at 609-345-3300.

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Atlantic County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1616 PACIFIC AVENUE, SUITE 318
ATLANTIC CITY, NJ 08401

609.385.4010

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1555 ZION ROAD, SUITE 203
NORTHFIELD, NJ 08225

609.435.1435

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.