Being charged with leaving the scene of an accident in Massachusetts is a serious matter that can result in severe penalties, including jail time, hefty fines, and loss of driving privileges. If you or someone you know is facing such charges, it’s crucial to seek experienced legal representation immediately.
At Riccio Law, Attorney Anthony Riccio is dedicated to providing aggressive and effective defense strategies to protect your rights and future.
Don’t face these charges alone. Contact Riccio Law for a free consultation today.
Understanding Leaving the Scene of an Accident Charges in Massachusetts
What is Considered Leaving the Scene of an Accident?
Under Massachusetts General Laws Chapter 90 Section 24, if you’re involved in a motor vehicle accident, you are legally required to:
- Stop immediately at the scene.
- Provide your name, address, and vehicle registration number to anyone who has sustained injuries or property damage.
- If no one is available to receive your information, you must report the accident as soon as possible to the local police department.
Failing to fulfill these obligations constitutes the crime of leaving the scene of an accident.
Types of Leaving the Scene Charges
Leaving the Scene Involving Property Damage
This is a misdemeanor offense punishable by up to 2 years in jail or a house of correction.
To convict, the prosecution must prove beyond a reasonable doubt that:
- You operated a motor vehicle.
- While operating, you caused damage to another vehicle or property.
- You knew that you caused such damage.
- You did not stop and provide your information.
Potential Penalties:
- Jail time: 2 weeks to 2 years.
- Fines: $20 to $200.
- License suspension: 60 days to 1 year for subsequent offenses.
- Probation and associated fees.
Leaving the Scene Involving Personal Injury Not Resulting in Death
This is a misdemeanor offense with a mandatory minimum sentence of 6 months.
To convict, the prosecution must prove:
- You operated a motor vehicle on a public way.
- You knowingly collided with or injured another person.
- You failed to stop and provide your information.
Potential Penalties:
- Jail time: 6 months to 2 years (mandatory minimum of 6 months).
- Fines: $500 to $1,000.
- License suspension: 1 year for first offense, 2 years for subsequent offenses.
- Probation and associated fees.
Leaving the Scene Involving Personal Injury Resulting in Death
This is a felony offense punishable by up to 10 years in state prison.
To convict, the prosecution must prove:
- You operated a motor vehicle on a public way.
- You collided with or caused injury resulting in death.
- You knew you were involved in the accident.
- You failed to stop and provide your information to avoid prosecution.
Potential Penalties:
- State prison sentence: 2.5 to 10 years (mandatory minimum of 1 year).
- Fines: $1,000 to $5,000.
- License suspension: Minimum of 3 years; 10 years for subsequent convictions.
- Probation, probation fees, and DNA sample submission upon conviction.
Facing such severe charges? Time is critical. Call Attorney Riccio at 617-404-8878.
Penalties for Leaving the Scene of an Accident
Penalties for Property Damage Offenses
- Jail time: Up to 2 years.
- Fines: $20 to $200.
- License suspension: 60 days to 1 year.
- Probation instead of jail time may be possible.
Penalties for Personal Injury Offenses
- Jail time: 6 months to 2 years (mandatory minimum sentences apply).
- Fines: $500 to $1,000.
- License suspension: 1 to 2 years.
- Probation may be considered but cannot avoid mandatory minimum sentences.
Penalties for Fatal Accidents
- State prison time: 2.5 to 10 years (mandatory minimum of 1 year).
- Fines: $1,000 to $5,000.
- License suspension: Minimum of 3 years; 10 years for subsequent offenses.
- Additional requirements: DNA sample submission.
Penalties are severe. An experienced attorney can make a significant difference.
Defenses Against Leaving the Scene Charges
Building a strong defense requires a thorough understanding of the law and the specifics of your case. Possible defenses include:
- Lack of Knowledge: You were unaware that an accident occurred.
- No Damage or Injury: Disputing the occurrence of damage or injury.
- Mistaken Identity: You were not the driver involved.
- Emergency Situations: You left the scene due to an emergency.
Attorney Riccio will investigate all aspects to build the strongest possible defense.
Why You Need an Experienced Defense Attorney
Attorney Anthony Riccio’s Expertise
- Former Prosecutor: With experience on both sides, Attorney Riccio understands prosecution strategies.
- Thousands of Cases Handled: Extensive experience in criminal defense, particularly in driving-related offenses.
- Aggressive Defense: Committed to pursuing all available defenses to achieve the best outcome.
Your future is at stake. Trust Attorney Riccio to fight for you.
What to Do If You’re Charged
Importance of Legal Representation
- Do Not Speak to Police: Anything you say can be used against you.
- Contact an Attorney Immediately: Early intervention can influence the outcome.
- Preserve Evidence: Keep any records or information related to the incident.
Call Riccio Law at 617-404-8878 for immediate assistance.
Requirement to Complete a Motor Vehicle Crash Operator Report Form
Under Massachusetts General Laws Chapter 90 Section 26, you must complete and file a Motor Vehicle Crash Operator Report within 5 days if:
- Someone was killed.
- Someone was injured.
- Property damage exceeds $1,000.
Filing Requirements:
- Submit to the Registry of Motor Vehicles (RMV).
- Submit to the local police department where the accident occurred.
Important: Consult with Attorney Riccio before filing this report to protect your rights.
Related Charges
In addition to leaving the scene, you may face other charges, such as:
- Operating Under the Influence (OUI/DUI) – M.G.L. c. 90 s. 24.
- Negligent or Reckless Operation – M.G.L. c. 90 s. 24(2)(a).
- Operating After Suspension or Revocation – M.G.L. c. 90 s. 23.
These charges can compound penalties and complicate your case.
Attorney Riccio is experienced in handling multiple charges simultaneously.
FAQs
What should I do immediately after being involved in an accident?
Stop your vehicle safely, check for injuries, and provide your name, address, and vehicle registration number to the affected parties. If no one is available, report the accident to the local police as soon as possible.
Can I be charged if I didn’t realize I hit something or someone?
Yes, but the prosecution must prove that you knew you were involved in an accident. Lack of knowledge can be a viable defense.
What happens if I file the Motor Vehicle Crash Operator Report late?
Failing to file on time can result in penalties and may negatively impact your defense. Consult with an attorney before filing.
How can Attorney Riccio help me with my case?
Attorney Riccio will analyze the evidence, identify weaknesses in the prosecution’s case, and develop a defense strategy aimed at reducing charges or securing a dismissal.
Is it possible to avoid jail time for these charges?
Depending on the circumstances, alternatives like probation may be possible for some charges. Mandatory minimum sentences, however, must be served.
Have more questions? Call 617-404-8878 for answers.
Conclusion
Facing charges for leaving the scene of an accident in Massachusetts is daunting, but you don’t have to navigate the legal system alone. Attorney Anthony Riccio brings the experience, knowledge, and dedication necessary to defend your rights effectively.
Your future is important. Take the first step toward protecting it by contacting Riccio Law.
Contact Riccio Law for a Free Consultation
Riccio Law, LLC
- Phone: 617-404-8878
- Address: 1147 Hancock Street # 212 Quincy, MA 02169
Available 24/7 to assist you. Schedule your free consultation today.
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