TJT The Tormey Law Firm Criminal Defense Attorneys

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Leaving the Scene of an Accident – Criminal Charge: N.J.S.A. 2C:12-1.1

Bergen County Criminal Lawyer with Offices in Paramus, New Jersey

leaving the scene of an accident criminal chargeTravis J. Tormey is an experienced defense attorney who serves on behalf of clients facing a vast array of charges, ranging from carjacking to manslaughter. With centrally located offices in Paramus and Morristown, he appears in courts throughout Northern New Jersey, including Mahwah, Lyndhurst, and Fort Lee. Having represented clients in such a wide variety of cases, Mr. Tormey has specifically formulated tactics to combat charges such as assault, DWI, and leaving the scene of an accident.

His extensive experience has enabled Mr. Tormey to accumulate a repository of information regarding New Jersey law in areas ranging from criminal charges to traffic violations. This enables him to identify the nuances involved in each case and thus, to best represent his clients. In fact, Mr. Tormey has been cited as a legal resource in a number of publications, including The Daily Record and The Bergen Record, as well as the AOL News. Feel free to contact him at his office at (201) 556-1570, as he provides free legal consultations.

Leaving the Scene of an Accident – Criminal Charge: N.J.S.A. 2C:12-1.1

In New Jersey, Leaving the Scene of an Accident offenses can be considered traffic violations or criminal charges, depending on the circumstances of the specific case. Criminal charges for Leaving the Scene of an Accident are governed under N.J.S.A. 2C:12-1.1:

According to N.J.S.A. 2C:12-1.1: “Knowingly Leaving the Scene of a Motor Vehicle Accident Resulting in Serious Bodily Injury”

A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of N.J.S.A. 39:4-129 shall be guilty of a crime of the third degree if the accident results in serious bodily injury to another person. The presumption of non-imprisonment set forth in N.J.S.A. 2C:44-1 shall not apply to persons convicted under the provisions of this section.

If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.A. 2C:12-1.

Notwithstanding the provisions of N.J.S.A. 2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.A. 2C:12-1 and a separate sentence shall be imposed upon each conviction.

Notwithstanding the provisions of N.J.S.A. 2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.

For the purposes of this section, neither knowledge of the serious bodily injury nor knowledge of the violation are elements of the offense and it shall not be a defense that the driver of the motor vehicle was unaware of the serious bodily injury or provisions of N.J.S.A. 39:4-129.

Leaving the Scene of an Accident – Criminal Charge: Potential Penalties

A criminal charge for Leaving the Scene of an Accident resulting in personal injury to another is classified as a third degree crime, which is punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison. As the aforementioned statute indicates, these offenses do not entail a presumption of non-incarceration, as do other crimes of the third degree. This means that a defendant convicted of this charge is subject to imprisonment even if he or she has no prior criminal record. Further, penalties imposed in these cases must be in addition to those for criminal charges for assault by auto or vehicular homicide.

Finding Representation for Your Leaving the Scene of an Accident Criminal Case

Clearly, criminal charges for Leaving the Scene of an Accident are extremely serious. As such, it is imperative to have an attorney who has experience with handling these cases serving on your behalf. Contact Mr. Tormey at The Tormey Law Firm, LLC. anytime for a free consultation. He can be reached at (201)-556-1570.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions