When someone fails to provide reasonable assistance to an injured victim or leaves the scene without giving aid, they can face criminal charges for endangering an injured victim under New Jersey law. If you’ve been charged with endangering an injured victim in New Jersey, you’re facing serious consequences that require immediate legal intervention.
At the Law Offices of Jonathan F. Marshall, our experienced New Jersey criminal defense lawyers have over 200 years of combined experience defending clients against serious criminal charges. We offer free consultations to review your case and explain your legal options. Contact us today to protect your rights and your future.
What Does “Endangering an Injured Victim” Mean in New Jersey?
Endangering an injured victim is codified under N.J.S.A. 2C:12-1.2, which addresses the failure to provide assistance to injured individuals. This statute applies when a person’s conduct causes serious bodily injury, and that person then leaves the scene without providing reasonable assistance to the victim or ensuring that appropriate emergency assistance personnel have been summoned.
The law applies when someone’s actions cause another person to suffer serious bodily injury. After causing or contributing to such an injury, the person must either render reasonable assistance to the injured victim or ensure that law enforcement or emergency medical services have been contacted. Failing to take these steps may cause the victim to suffer further injury and constitutes endangering an injured victim, a serious offense.
Elements of the Offense
For prosecutors to secure a conviction arising from endangering an injured victim, they must prove specific elements beyond a reasonable doubt.
- First, they must establish that the defendant’s conduct caused serious bodily injury to another person. “Serious bodily injury” under New Jersey law means injury that creates a substantial risk of death or causes severe, permanent disfigurement, protracted impairment of any bodily function, or protracted loss or impairment of any bodily organ.
- Second, prosecutors must prove that after causing this serious injury, the defendant knowingly left the scene without providing reasonable assistance to the victim. This includes failing to call 911 to summon aid, failing to stay with the victim until help arrives, or leaving before ensuring that medical assistance has been summoned.
- The prosecution must also show that the defendant knew or reasonably should have known that someone was seriously injured as a result of their conduct.
Endangering an injured victim charges most commonly arise in hit-and-run accidents where drivers panic and flee rather than remaining at the scene. These charges can also arise from physical altercations where someone injures another person during a fight or assault and then leaves without ensuring the victim receives medical treatment.
Penalties for Endangering an Injured Victim
The consequences of endangering an injured victim in New Jersey are severe and life-altering. Understanding the potential penalties you face is crucial to appreciating the importance of having a New Jersey criminal defense lawyer develop a strong defense on your behalf.
Criminal Penalties
Endangering an injured victim is classified as a third-degree crime in New Jersey. Third-degree crimes are indictable offenses, meaning they are handled in Superior Court rather than municipal court, reflecting their serious nature. A conviction for this third-degree offense carries a presumptive sentence of fines and three to five years in New Jersey State Prison. While there is a presumption of non-incarceration for certain first-time offenders charged with third-degree crimes, endangering an injured victim cases often involve aggravating circumstances that make prison time more likely.
Beyond the direct criminal penalties, a conviction for endangering an injured victim triggers numerous collateral consequences that can affect virtually every aspect of your life. These include:
- Restitution payments
- Civil liability for the injuries
- Damage to your professional life
- Having a criminal record
How This Charge Differs from Other Related Offenses
Endangering an injured victim is a separate offense from other related New Jersey criminal charges, though they may arise from similar circumstances or be charged together.
Leaving the Scene of an Accident
New Jersey law requires drivers involved in accidents to stop, provide identification and insurance information, and render reasonable assistance to injured persons. Leaving the scene of an accident that results in injury is a separate offense under N.J.S.A. 39:4-129. The key distinction is that leaving the scene is a motor vehicle offense focused on the duty to stop and exchange information. In contrast, a charge of endangering an injured victim focuses on the failure to assist someone who is seriously injured.
Assault Charges
If the conduct that caused the injury was intentional or reckless, you may also face assault charges under N.J.S.A. 2C:12-1. Assault involves purposely, knowingly, or recklessly causing bodily injury to another person. Aggravated assault, a more serious charge, involves causing serious bodily injury under certain circumstances. The distinction is that assault focuses on the act of causing injury, while endangering an injured victim focuses on the failure to assist after an injury occurs.
Hindering Apprehension
Sometimes, defendants leave injured victims to avoid arrest or identification. This can result in additional charges for hindering apprehension under N.J.S.A. 2C:29-3, which involves taking action to prevent one’s own apprehension or prosecution.
Building a Defense Against These Charges
Despite the serious nature of endangering an injured victim charges, numerous defenses may be available depending on the specific circumstances of your case. An experienced New Jersey criminal defense lawyer will thoroughly investigate the facts and develop the strongest possible defense strategy.
Some common defenses include:
- Insufficient evidence to prove the elements of the offense
- Evidence showing that you provided assistance
- Necessity or duress
- Procedural defenses
Why You Need a Criminal Defense Lawyer
The consequences of being convicted of endangering an injured victim are too severe to enter the New criminal justice system without experienced legal representation. A New Jersey criminal defense lawyer at the Law Offices of Jonathan F. Marshall can evaluate your legal options and the defense strategies that offer the best chances of a favorable outcome.
Immediate Case Assessment
An attorney can quickly evaluate the strength of the prosecution’s case, identify weaknesses and potential defenses, and provide realistic guidance about what to expect. This assessment allows you to make informed decisions about how to proceed.
Investigation and Evidence Gathering
Your lawyer will conduct an independent investigation, interviewing witnesses, gathering physical evidence, obtaining surveillance footage, consulting with medical experts about the nature of injuries, and building a case record that supports your defense. A thorough investigation often uncovers facts that contradict the prosecution’s theory of the case.
Negotiation and Plea Bargaining
Many criminal cases are resolved through negotiation rather than going to trial. An experienced attorney may be able to negotiate with prosecutors to reduce the charges to a lesser degree offense with less severe penalties, or secure admission to a diversionary program if you’re eligible.
Trial Representation
If your case goes to trial, you need a New Jersey criminal defense lawyer with courtroom experience who can effectively cross-examine witnesses, challenge prosecution evidence, present defense witnesses, and deliver a persuasive defense. The legal team at the Law Offices of Jonathan F. Marshall includes certified criminal trial attorneys with extensive courtroom experience. Many are former prosecutors and public defenders who use their insider knowledge of the criminal justice system to help our clients.
Protecting Your Rights
Throughout the legal process, your attorney will demand that law enforcement and prosecutors respect your constitutional rights and guide you so that you’re not taken advantage of by a system that can be confusing and overwhelming to those unfamiliar with criminal procedure.
Contact Our New Jersey Criminal Defense Attorneys Today
If you’re facing charges for endangering an injured victim, time is critical. The sooner you retain experienced legal representation, the better your chances of achieving a favorable outcome. Call the Law Offices of Jonathan F. Marshall to set up a free consultation. Our legal team will review the facts of your case, explain the charges and potential penalties you’re facing, discuss available defenses, and answer all your questions about the legal process ahead.
Don’t face serious criminal charges alone. Contact our NJ criminal defense attorneys now to take the first step toward building a solid defense.
