Endangering an Injured Person is a Crime in New Jersey
We represent clients charged with N.J.S.A. 2C:12-1.2; endangering an injured person indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
A person is guilty of a third degree crime if she endangers an injured victim.
A defendant endangers an injured victim if she causes bodily injury to any person and leaves the scene of the injury knowing or reasonably believing that the injured person is physically helpless, mentally incapacitated or otherwise unable to care for himself.
Physically helpless means the condition in which a person is unconscious, unable to flee, or physically unable to summon assistance.
Mentally incapacitated means that condition in which a person is rendered temporarily or permanently incapable of understanding or controlling one's conduct, or of appraising or controlling one's condition, which incapacity includes but is not limited to an inability to comprehend one's own peril.
Bodily injury means physical pain, illness or impairment of a physical condition.
Endangering an injured person offense is also committed if the defendant solicits, aids, encourages, or attempts or agrees to aid another, who causes bodily injury to any person and leaves the scene of the injury knowing or reasonably believing that the injured person is physically helpless, mentally incapacitated or otherwise unable to care for himself.
It is an affirmative defense - meaning defendant has the burden of proving this defense by a preponderance of the evidence - that the defendant summoned medical treatment for the victim or knew that medical treatment had been summoned by another person, and protected the victim from further injury or harm until emergency assistance personnel arrived.
A conviction for endangering an injured victim does not merge with a conviction of the crime that rendered the person physically helpless or mentally incapacitated.
In addition, the sentence imposed for endangering the injured person must be ordered to be served consecutively to that imposed for any conviction of the crime that rendered the person physically helpless or mentally incapacitated.
In order to obtain a conviction under this offense, the state must prove four material elements.
First, defendant caused bodily injury to a person or in the alternative that defendant solicited, aided, encouraged, attempted or agreed to aid another who caused bodily injury.
Second, defendant left the scene of the injury.
Third, the injured person was either physically helpless, mentally incapacitated or otherwise unable to care for himself.
Fourth, it must prove that defendant knew or reasonably believed this.
If you have any question for a New Jersey criminal defense attorney on an endangering an injured person charge, please do not hesitate to contact us.