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Trenton NJ Leaving Scene of an Accident that Results in Serious Bodily Injury Lawyer
Traditionally, regardless of how bad the accident is, leaving the scene of a motor vehicle accident is a traffic offense. However, if panic sets in and the someone leaves the scene of an accident where another suffers serious bodily injury, things will quickly go from bad to worse in a heartbeat. As you will see below, an individual charged with leaving the scene of an accident that results in serious bodily injury will be facing a third degree indictable (felony) offense. So, if convicted, an individual will be facing up to five years in a State Prison as well as a fine up to $15,000. This is a far cry from the potential penalties that someone would face if they remanded at the scene of the accident.
Leaving the scene of an accident that results in serious bodily injury is a very serious criminal offense and it that should not be taken lightly. If you have been charged with this offense and would like to speak to one of the Mercer County criminal defense lawyers at Proetta & Oliver, then please contact our office at 609-789-0779. Our attorneys are well aware of what a felony conviction let alone a lengthy prison sentence can to do to someone’s life. Our attorneys serve all of Mercer County, including towns like East Windsor, West Windsor, Hamilton, Ewing, Lawrenceville, Trenton, Hopewell, Robbinsville and Princeton. Now here is some more information on leaving the scene of an accident that results in serious bodily injury.
Left the Scene of an Accident that Results in Injury in NJ?
The reasons that someone leaves the scene of an accident are endless, whether it be panic, fear or an attempt to avoid being charged with DWI. With that being said, the reasons are irrelevant under the law. Pursuant to NJSA 2C:12-1.1, which is the governing statute for this offense, the prosecution is only required to prove that the individual was involved in a motor vehicle accident that resulted in serious bodily injury to another and that the individual left the scene. In other words, the prosecution is not required to prove that the individual caused the accident or was aware that someone suffered serious bodily injury.
To be convicted of this offense, the prosecution must prove the following elements beyond a reasonable doubt:
- That the Defendant was operating a motor vehicle;
- That the Defendant was involved in am motor vehicle accident;
- That the Defendant knew they were involved in a motor vehicle accident;
- That the Defendant knowingly left the scene of the accident; &
- That someone involved in the accident suffered serious bodily injury.
To prove that the Defendant left the scene of an accident the prosecution must look to establish one of the following:
- That the Defendant failed to immediately stop their vehicle at the scene; or
- That the Defendant failed to stop their vehicle as close to the scene and/or immediately return to the scene; or
- That the Defendant failed to notify appropriate authorities in a timely manner of said accident.
Serious Bodily Injury has been defined as “bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of any bodily member or organ.”
Is their Jail time for Leaving the Scene of an Accident?
Pursuant to NJSA 2C:12-1.1, leaving the scene of an accident that results in serious bodily injury is a third degree felony offense. If convicted, a Defendant would be facing anywhere from three to five years in prison and a fine up to $15,000. Furthermore, the presumption against non-incarceration for third or fourth degree felonies does not apply here.
West Windsor NJ Leaving the Scene of an Accident Resulted in Injury Lawyer
As you can see from reading above, this offense can be unforgiving. The potential ramifications if convicted can be absolutely crippling. As such, if you find yourself being charged with this type of offense we strongly recommend that you contact an experienced criminal defense attorney as soon as possible. To schedule an appointment with one of the lawyers at Proetta & Oliver, then please contact our Hamilton office at 609-789-0779 or you can try contacting us online.
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