In New Jersey proving a criminal charge for knowingly leaving the scene of an accident in New Jersey with serious personal injury can be complicated and the criminal defense lawyers at our firm will make sure the prosecution is challenged in establishing each and every element of the offense. The main difference between the ticket and criminal charge is merely an injury to another person and that injury must be serious in nature. In both cases you will lose your drivers license and you can go to jail. The following is a discussion of major issues arising in these types of cases:

A. Proving a Motor Vehicle Violation for leaving the scene of an accident in New Jersey

A prerequisite to establishing a violation of N.J.S.A. 2C:12-1.1 is proof that the suspect violated N.J.S.A. 39:4-129. It must be shown that the suspect failed to remain at the scene after being involved in an accident. The obligation to exchange information and credentials as required under the motor vehicle statute would also have to be violated in order for a criminal indictment under this statute to be sustainable. Thus, the state must prove the same issues in both the ticket and criminal charge for leaving the scene of an accident.

B. The Accident Must Involve Serious Bodily Injury or Death

A charge under N.J.S.A. 2C:12-1.1 is only viable where someone sustained "serious bodily injury". The New Jersey criminal code defines "serious bodily injury" as an injury involving a substantial risk of death or resulting in serious permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

C. Criminal Responsibility for Leaving the Scene of an Accident - Proof of Defendants Knowledge Needed

Note: the motor vehicle pedigree of the law for leaving the scene of an accident in NJ only requires knowledge on the part of the suspect that he was involved in an accident which can be presumed if damage to any vehicle is over $250.00. In the criminal charge the standard is different. In a criminal charge for leaving the scene of an accident the law requires that the state prove that the driver should have had a "reasonable belief that he or she was involved in an accident" to prove a charge of leaving the scene of an accident. Reasonable belief is generally defined as what the driver knew or should have known. Thus, in a recent case a court ruled even where no proof of contact between the drivers car and a pedestrian may have occurred the driver may still be charged and convicted of leaving the scene of an accident. However, the state must still prove that in a criminal violation for leaving the scene of an accident that the defendant knowingly left the scene.

D. Merger and Sentencing - No Presumption Against Incarceration Applies to Leaving the Scene of an Accident Charges

In NJ neither aggravated assault nor assault by auto are lesser included offenses of knowingly leaving the scene of a motor vehicle accident involving serious personal injury. Accordingly, a conviction under N.J.S.A. 2C:12-1.1 does not merge into either of the aforesaid offenses and an individual could therefore be arrested, indicted and convicted of two of these charges although they arise out of a single accident. In terms of grading, an individual may be charged with a Third Degree Crime or Fourth Degree Crime under the statute. The presumption of non-incarceration which would otherwise apply under the New Jersey criminal code for a Third Degree, Fourth Degree or Municipal Court charge does not apply to leaving the scene of an accident violations.

E. Immigration Consequences for Leaving the Scene of an Accident Charge in NJ

If you are an immigrant to this country a conviction for leaving the scene of an accident could cause you to be deported or your status not renewed, if your matter involves bodily injury to another and you serve more than 6 months or more in jail. This conviction could effect your status even if you are a green card holder or a citizen for less than 1 year, thus the need for skilled representation to make sure that you get the best result for your charge.