Leaving the Scene of an Accident With Serious Personal Injury

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.

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.

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.

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.