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Leaving the Scene of an Accident With Serious Personal Injury

Jackson NJ Leaving the Scene of an Accident Defense Lawyer

An individual may be charged with an indictable crime of the third degree, a felony, when they leave the scene of an accident involving serious personal injury to another person. A skilled lawyer is imperative for anyone facing this offense since there is significant risk of imprisonment in the event of conviction. The attorneys at Law Offices of Jonathan F. Marshall are accomplished advocates with over 100 years of combined experience.  We also happen to be former prosecutors who have served at both the county level and in municipalities like Brick, Jackson, Stafford, Toms River and Berkeley. An attorney with the skills to help you defend your leaving the scene of an accident involving serious injury is willing to conduct a comprehensive review of your case and provide insight as to your best options. Contact our Toms River Office (732) 286-6500 for a free consultation with a lawyer on our defense team.

N.J.S.A. 2C:12-1.1: Leaving the Scene of a Car Accident Resulting in Serious Injury

The offense of leaving the scene of a car accident resulting in serious bodily injury is set forth at N.J.S.A. 2C:12-1.1 . Violation of this law is a third degree crime that results if a motorist:

  1. Is knowingly involved in an accident;
  2. He/she leaves the scene of the accident; and
  3. The accident results in serious bodily injury to another person.

The third element, “serious personal”, requires that the injury be consequential. More specifically, the injury must create a substantial risk of death, serious permanent disfigurement or protracted loss or impairment of function of a bodily member or organ. It should also be kept in mind that although there must be a serious injury for 2C:12-1.1 to apply, knowledge of this fact on the part of the accused is not an element of this offense.

Penalties For Leaving the Scene of an Accident Involving Serious Personal Injury or Death

The penalties under N.J.S.A. 2C:12-1.1 differ significantly from those that apply for the motor vehicle violation of leaving the scene of an accident in violation of N.J.S.A. 39:4-129. While a $5,000 fine and one (1) year loss of license may be imposed under N.J.S.A. 39:4-129, this criminal violation constitutes a third degree felony offense. The penalties triggered under 2C:12-1.1 include up to five (5) years in prison and a fine of up to $15,000. The No Early Release Act (“NERA”), which requires that an individual serve at least 85% of any prison sentenced imposed, does not apply to this charge. In addition, there is no requirement that the judge or prosecutor merge a 2C:12-1.1 conviction with a related offense for assault by auto or aggravated assault, both of which do fall under NERA.

Toms River Third Degree Leave the Scene of an Accident Attorneys

As you can see, leaving the scene of an accident can have severe consequences when someone suffers a serious injury. A conviction not only results in a felony record but can also expose someone to years in prison. Clearly, a complaint for violating 2C:12-1.1 must be taken serious given these potential penalties. An attorney with experience defending this charge certainly can prove extremely useful in avoiding a poor outcome. The lawyers that make up our eight member team have been defending leaving the scene charges for decades in Ocean County, including Little Egg Harbor, Manchester, Lacey, Berkeley, Point Pleasant and Eagleswood. For an immediate consultation with a lawyer at Law Offices of Jonathan F. Marshall, call us in Toms River at (732) 286-6500. An attorney is ready to help you now.

Law Offices of Jonathan F. Marshall, 10 Allen St #2Dreet, Toms River, NJ 08753, defends clients charged with a third degree crime for leaving the scene of an accident involving serious personal injury or death in Jackson, Brick, Little Egg Harbor, Stafford, Manchester, Lacey, Berkeley, Toms River, Point Pleasant, Eagleswood or another Ocean County municipality.

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What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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