Leaving the Scene of a Fatal Accident in Somerset County NJ
Being involved in a motor vehicle accident can be extremely nerve wracking and as a result, people panic and do things that they ordinarily wouldn’t have, including leaving the scene. Typically, leaving the scene of an accident will result in an individual being charged with a traffic summons. However, if someone dies as a result of the accident, regardless of whether or not the accident was their fault or whether they knew someone was fatal injured, it is irrelevant. That persons will automatically be charged with leaving the scene of a fatal accident, which is a second degree indictable offense. As you will see below, anyone convicted of this offense will be facing up to a decade behind bars. So, as you can see, things can quickly go from bad to worse.
If you have unfortunately been involved in a motor vehicle accident and are now being charged with leaving the scene of a fatal accident, driving while intoxicated, death by auto, strict liability death by auto, assault by auto, eluding, leaving the scene of an accident that results in serious bodily injury or any other offense for that matter in Somerset or Hunterdon County, the Law Office of Proetta & Oliver can help. Our team of attorneys have dedicated their entire careers to defending those accused of crimes. We fully comprehend the stress and anxiety that most feel when they have been charged with a crime, let alone a second degree felony offense. If you would like to speak to one of our criminal defense attorneys today, please call our office directly at 908-533-1064. We serve all of Somerset and Hunterdon County, including towns like Clinton, Raritan, Readington, Somerville, Flemington, Hillsborough, Manville, Bound Brook and Bridgewater.
Charged with Leaving the Scene of a Accident Resulting in Death in Hunterdon County NJ
Knowingly leaving the scene of an accident that results in death will be governed under NJSA 2C:11-5.1. This offense in essence seeks to prosecute those who were involved in an accident that resulted in the death of another. It is important to discuss here that the “knowing” aspect of this offense does not surround the fact that the accident resulted in the a death of another but rather the fact that they were involved in an accident. Also, this offense does not seek to prosecute those that they believe were operating recklessly or under the influence of alcohol or a controlled dangerous substance. Anyone alleged to have been driving under the influence or in a reckless manner would be prosecuted under the vehicular homicide, strict liability death by auto or aggravated manslaughter.
In order to be convicted of this offense, the prosecution must establish the following elements beyond a reasonable doubt:
- That the Defendant was operating a motor vehicle;
- That the Defendant was involved in a motor vehicle accident;
- That the Defendant knew that they was involved in an accident;
- That the Defendant knowingly left the scene of that accident; &
- That the accident resulted in the death of another.
Is there Jail Time for Leaving the Scene of a Fatal Accident in NJ?
Leaving the scene of an accident resulting in the death of another is a second degree indictable offense. If convicted, a Defendant will be subject to up to a decade behind bars, a fine up to $150,000 and a felony criminal record. Since this is a second degree indictable offense, anyone convicted of this offense would be subject to a presumption of incarceration. As you can tell, this is a serious offense and one that should not be taken lightly.
Leaving Scene of a Fatal Accident in Hunterdon County NJ
Proetta & Oliver has been defending those accused of serious crimes like leaving the scene of a fatal accident, aggravated assault, terroristic threats, driving under the influence of drugs and resisting arrest in courts throughout New Jersey for the better part of the last decade. We are well aware that this type of offense can happen to anyone. If you have unfortunately found yourself in this type of situation and would like to speak to one of our attorneys today about your options, then please contact our office at 908-533-1064. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.