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South Jersey Leaving the Scene of an Accident Defense Attorney
Experienced Assault by Auto Charges Lawyer Handles Difficult Accident-Related Criminal Cases in Camden County, Burlington County, and Throughout New Jersey
Cases involving vehicles such as auto accidents can result in charges under traffic/motor vehicle laws as well as criminal charges under criminal law. As such, these cases can be very complex and difficult to handle in New Jersey. If you or a loved one faces traffic offenses or has been charged with criminal acts of any kind, including the charge of leaving the scene of an accident, contact a South Jersey leaving the scene of an accident defense attorney at Gelman Law, LLC today. Our team has the experience and legal knowledge required to handle these types of difficult cases and will work to lower or dismiss the charges and/or any penalties that you may face.
Facing Assault Charges And Have Questions? We Can Help, Tell Us What Happened.
Statute N.J.S.A. 2C:12-1.1 on Knowingly Leaving the Scene of a Motor Vehicle Accident Resulting in Serious Bodily Injury
New Jersey statute N.J.S.A. 2C:12-1.1 governs knowingly leaving the scene of an accident that results in serious bodily injuries. If you leave the scene of a motor vehicle accident in New Jersey, you can face traffic offense charges or criminal charges. The difference between the two comes down to whether anyone was injured in the accident in question.
For example, under N.J.S.A. 39:4 -129, if you were responsible for a minor traffic accident and drove away, then you can face a general traffic violation charge. If, however, you flee the scene of a serious accident that caused someone serious and substantial bodily injury, then you may face a third-degree felony, a charge that carries hefty fines and even jail time.
Breaking Down Statute N.J.S.A. 2C:12-1.1 with a South Jersey Leaving the Scene of an Accident Defense Attorney at Gelman Law
Under N.J.S.A. 2C:12-1.1, you can face criminal charges for knowingly leaving the scene of a motor vehicle accident that resulted in serious bodily injury to someone. Here, serious bodily injury can be defined as injuries that can create a significant risk of death, cause serious and permanent disfigurement, or lead to long-term loss or impairment of bodily functions or organs.
Punishments for Auto Accident Crimes
If you are convicted, you can face fines and jail time. Please note, however, that third-degree felonies in New Jersey come with a presumption of non-incarceration, meaning jail time is not the default punishment of the first choice. Instead, the judge may consider alternative punishments such as probation. With this in mind, it is important to know that N.J.S.A. 2C:12-1.1 does not come with a presumption of non-imprisonment. Instead, if convicted of leaving the scene of an accident after causing someone serious injury, you will likely be sentenced to prison – even if you do not have a prior criminal record.
That being said, you can be charged with leaving the scene of an accident if you caused serious injuries to someone, and you can be charged with multiple crimes, depending on the specifics of your case. This applies even if you were unaware that someone else was injured in the accident (claiming ignorance is not a valid defense for such cases) and New Jersey law requires you to stop your vehicle and call the police and/or 911 after the accident. If you do not do so, you can be found guilty of breaking this law and leaving the scene of the accident.
Knowingly leaving the scene of an accident that resulted in serious bodily injuries to someone is a third-degree crime. For such crimes, the state has 5 years within which to file a case against the driver in question. These are the statutes of limitations for these kinds of auto accidents.
A South Jersey Leaving the Scene of an Accident Defense Attorney Will Investigate Your Case and Gather Evidence
In most cases, drivers who flee an accident scene are eventually identified, so it does not pay to flee after you caused an accident. An assault by auto charges lawyer in Cherry Hill, NJ from our firm will gather evidence on your case such as:
- Proof of car parts on the road
- Tire marks on the roadway
- Video footage from nearby CCTV systems
- Photos from witnesses
- Eyewitness testimony
- Paint marks or scratches and damages on any other cars involved in the accident
Get Advice From An Experienced Assault Charges Lawyer. All You Have To Do Is Call 856-861-4236 To Receive Your Free Case Evaluation.
Trust an Assault By Auto Charges Lawyer in Camden County, NJ to Fight for Your Rights
If you or a loved one were arrested, you would be understandably concerned and have many questions. You may have heard stories about plea bargains, probation, and police tactics to extract a confession from you. The entire process can be very overwhelming, which is why you should have an experienced South Jersey leaving the scene of an accident defense attorney from Gelman Law, LLC in your corner to represent you.
An assault by auto charges lawyer in Cherry Hill, NJ from our firm can handle every aspect of your criminal case in New Jersey. We will defend and protect you and will work to dismiss the charges you face or lower the charges and/or the applicable sentences. We will represent you in court, in insurance negotiations, and in settlement discussions with any aggrieved parties. We will strive to prevent any jail time or harsh penalties from being meted out against you. Contact us today for a free private consultation and case evaluation.
Frequently Asked Questions about Facing Criminal Charges for Leaving the Scene of an Accident in New Jersey
As outlined above, you can face prison time and fines for fleeing an accident scene if people were seriously injured in the accident. You can face aggravated assault or assault by auto charges as well. These charges do not merge under certain other charges, and you can face separate charges and penalties for each infraction, with sentences being served consecutively, not concurrently. You cannot claim to have been ignorant of injuries to anyone either, since you are required by New Jersey state law to wait for police and/or emergency personnel before leaving the scene of an accident.
Every case varies, and the charges and penalties you face can also vary, but for every case irrespective of severity, your best bet is to speak with an experienced assault by auto charges lawyer in Camden County for assistance with your case. A trusted South Jersey leaving the scene of an accident defense attorney at Gelman Law will review your case and will prepare a staunch defense to try to dismiss or lower the charges and/or sentences and penalties you potentially face for the crimes you are charged with committing.