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Loren
Loren, Attorney
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What is the statute of limitations for leaving the scene of

Resolved Question:

What is the statute of limitations for leaving the scene of an accident without reporting/stopping in the state of New York? Include situations in which there was property and/or personal injury.

Also, what is the stautory/case basis for your answer?
Submitted: 6 years ago.
Category: Legal
Expert:  Loren replied 6 years ago.

Leaving the scene of an incident involving property damage is a law is a class B misdemeanor (maximum sentence of up to 90 days in jail), If personal injury is involved it is a class A misdemeanor, with a maximum sentence of up to one year in jail, with a second or subsequent violation could be charged as a class E felony.

Misdemeanors must be charged within 2 years, felonies within 5. The statute is as follows:

 

§ 30.10 Timeliness of prosecutions; periods of limitation.
1. A criminal action must be commenced within the period of limitation
prescribed in the ensuing subdivisions of this section.
2. Except as otherwise provided in subdivision three:
(a) A prosecution for a class A felony, or rape in the first degree as
defined in section 130.35 of the penal law, or a crime defined or
formerly defined in section 130.50 of the penal law, or aggravated
sexual abuse in the first degree as defined in section 130.70 of the
penal law, or course of sexual conduct against a child in the first
degree as defined in section 130.75 of the penal law may be commenced at
any time;
(b) A prosecution for any other felony must be commenced within five
years after the commission thereof;
(c) A prosecution for a misdemeanor must be commenced within two years
after the commission thereof;
(d) A prosecution for a petty offense must be commenced within one
year after the commission thereof.

Customer: replied 6 years ago.
So basically, if someone left the scene of an accident, regardless of whether there was an injury or property damage, nothing can be done criminally?
Expert:  Loren replied 6 years ago.
Not if the statute of limitations has passed.
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