A knowingly leaving the scene of a motor vehicle accident resulting in death is a serious charge. This charge, if you are found guilty, can leave you with a criminal record, potential prison time, as well as a hefty fine. In addition to this, it might be difficult to obtain future employment, or even seeking admission to higher education. A hit and run where a death occurred typically has other charges such as reckless driving, and even careless driving. This is why you need to speak with not just any attorney, but an experienced criminal defense attorney. At the Law Offices of Jonathan F. Marshall, we have the man-power, knowledge, and credentials to help you or your loved one facing a hit and run where a death occurred charge. Here at our Bergen County Criminal Defense Firm, we have:
- Eleven (11) criminal defense attorneys on staff
- Combined together, over 200 years of experience
- Eight (8) former prosecutors on staff
- Four (4) were former county prosecutors who’ve tried high-profiled murders trials before a jury during their tenure as prosecutors
- Many held directorial positions during their tenures as former assistant county prosecutors
- One (1) was the head of the Drug, Gang, and Gun Task force
- One (1) was the head of the Major Crimes Division
- One (1) was the head of the Trial team
- Multiple attorneys selected to either the National Trial Lawyers Top 100 or Top 40 Under 40
- Two (2) attorneys selected to Thomson Reuters’ Super Lawyers Rising Stars list for criminal defense
- Only 2.5% of attorneys in New Jersey are selected to said list
- One (1) attorney certified by the Supreme Court of New Jersey as a Criminal Trial Attorney
- Less than 1% of attorneys hold this distinction in New Jersey
Please give our office a call if you or a loved one has been charged with a perjury crime at 201-201-0086. We are available 24/7.
Hackensack Hit and Run Where a Death Occurred Lawyer
A knowingly leaving the scene of a motor vehicle accident resulting in death is codified under the statute as 2C:11-5.1. It is actually a straight-forward crime. All the Bergen County Prosecutor’s Office has to prove beyond a reasonable doubt is:
- the defendant was operating a motor vehicle;
- knows he/she was involved in an accident;
- knowingly leaves the scene of that accident;
- the accident results in the death of another person
The prosecutor can also bring aggravated manslaughter and vehicular homicide charges. If the prosecutor does bring the additional charge(s) of aggravated manslaughter and/or vehicular homicide, and if the defendant is found guilty of either aggravated manslaughter or vehicular homicide as well as hit and run where a death resulted, the sentences will have to be consecutive. The defendant cannot be sentenced to a concurrent sentence for both or all three charges pursuant to the statute. Lastly, it is also not a defense that the defendant did not know that the accident resulted in a death.
Penalties for a 2C:11-5.1
A hit and run when a death occurred charge is a second degree felony (indictable). This means that if you are found guilty of this charge, you can face up to ten (10) years in a New Jersey state prison. In addition to this, it carries a fine of up to $150,000.00. Due to this charge being a second degree, it also carries a presumption of incarceration. A presumption of incarceration essential means if you are found guilty of this charge, it is presumed at sentencing the judge will send you to prison.
Fort Lee Criminal Defense Lawyers
A 2C:11-5.1 charge, as you can tell from above, is a serious charge that can have a life altering impact on you or your loved one that is facing this type of crime. We have offices in Paramus, Hackensack, and Fort Lee. We are available 24/7, please don’t hesitate to contact us at 201-201-0086.