In Massachusetts, the law mandates that any driver involved in an accident causing injury to another person must immediately stop and provide their name, address, and vehicle registration number to the injured party or a police officer. Additionally, if the injured person requests, you must provide your driver’s license information. Failing to do so can lead to serious criminal charges, reflecting negatively on your personal and professional life.
This offense, often surrounded by confusion and rapid judgment, can lead to significant legal consequences and personal distress for those involved. At Nate Amendola Defense, we are aware of the high emotions and legal challenges faced by individuals accused of leaving the scene of a personal injury accident in Massachusetts. Our legal team is dedicated to offering detailed, accessible explanations of the law, ensuring you fully understand the charges against you and the potential consequences.
Statutory Elements
When it comes to charges related to leaving the scene of an accident in Massachusetts, the law distinguishes between incidents where the injury does not result in death and those where the injury results in death. This distinction is crucial as it significantly affects the legal implications and penalties involved.
Type 1: Injury NOT Resulting in Death
The prosecution must satisfy the court that all elements of the crime have been proven beyond a reasonable doubt to find the defendant guilty.
- Was operating a vehicle;
- On a public way, in a place where the public has a right to access, or a way or place where members of the public have access as invites or licensees;
- Knowingly collided with or otherwise injured another person; and
- After collision or injury, the defendant did not stop and make known their name, residence, and the registration number of their motor vehicle
Type 2: Injury Resulting in Death
To prove the defendant guilty, the Commonwealth must prove five things beyond a reasonable doubt:
- Was operating a vehicle;
- On a public way, in a place where the public has a right to access, or a way or place where members of the public have access as invites or licensees;
- Knowingly collided with another person;
- After collision or injury, the defendant did not stop and make known their name, residence, and the registration number of their motor vehicle; and
- The alleged victim’s injuries result in death
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Legal Consequences of Leaving the Scene
Injury NOT Resulting in Death
House of Corrections: Not less than 6 months, not more than 2 years (24 months); AND
Fine: Not less than $500, not more than $1,000
Injury Resulting in Death
State Prison: Not less than 2.5 years (30 months), not more than 10 years OR
House of Corrections: Not less than 1 year (12 months), not more than 2.5 years (30 months); AND
Fine: Not less than $1,000, not more than $5,000
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Questions Answered on Leaving the Scene of Personal Injury
Can I Face Charges if I Was Not at Fault for the Accident?
Yes, you can still be charged with leaving the scene of personal injury even if you were not at fault in the accident. The law requires all parties involved in an accident causing injury to stop and fulfill certain obligations.
What are Aggravating Factors that Could Increase Penalties?
Aggravating factors are specific circumstances surrounding an offense that can increase the severity of penalties upon conviction. In Massachusetts, these factors include the severity of the injury, the presence of multiple victims and if alcohol or drugs were involved.
Are There Any Long-Term Consequences of a Conviction for Leaving The Scene?
Beyond immediate penalties, a conviction can impact your criminal record, affecting employment opportunities, professional licensing, and your ability to drive. It’s important to address these charges seriously and explore all legal avenues to mitigate these long-term effects.
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Similar Charges
- Leaving the Scene of Property Damage
- Negligent Operation
- Operating without a Valid License
- Operating Under the Influence
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Don’t Let a Moment Define Your Future.
Facing charges for leaving the scene of a personal injury is a serious matter that demands immediate and skilled legal intervention. At Nate Amendola Defense, we are committed to providing you with the highest caliber of legal representation, blending our core values with our comprehensive understanding of Massachusetts criminal law.
Reach out to Nate Amendola Defense today to schedule your consultation, either by calling our office at (781) 740-0800 or filling out an online chat. Your initial consultation with us is an opportunity to understand your rights, the legal challenges you face, and how Nate Amendola Defense can make a pivotal difference in your case. This meeting is the first step toward regaining control over your situation and confidently moving forward.
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