Being involved in a hit and run accident, even for the first time, can lead to serious legal consequences. Whether the crash resulted in property damage, injury, or death, it’s important to understand the potential penalties and how the law applies to your case.
In this blog, we’ll break down what you can expect if you’re facing a first-time hit and run charge and how working with an experienced defense attorney can help. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
What Constitutes a Hit and Run?
A hit and run occurs when a driver is involved in an accident and leaves the scene without fulfilling their legal obligations. Most states require you to stop, provide your contact information, and assist anyone who may be injured. Even if the accident only causes property damage, such as hitting a parked car, leaving the scene without exchanging information can lead to charges.
Failing to follow these steps can result in either a misdemeanor or felony charge, depending on the severity of the accident.
Misdemeanor Hit and Run: What to Expect
If the hit and run only resulted in property damage, such as damage to another vehicle or someone’s property, it is likely to be charged as a misdemeanor. For example, if you accidentally hit a parked car in a parking lot and left without leaving a note, you could face misdemeanor hit and run charges.
Penalties for a first-time misdemeanor hit and run offense can include:
- Restitution to cover the damage caused
- Probation
- Fines
- Possible jail time, depending on the circumstances
Although misdemeanor charges are less severe than felony charges, they can still result in a criminal record and financial penalties. It’s crucial to act responsibly if you’re involved in an accident, even if it only causes minor damage.
Felony Hit and Run: When Things Get More Serious
If the hit and run accident involved injuries or a fatality, it will likely be charged as a felony. This is a far more serious offense, as the consequences of leaving the scene of an accident where someone is hurt or killed can be life-altering.
Penalties for a first-time felony hit and run may include:
- Several years in state prison or county jail
- Fines that could total thousands of dollars
- Suspension or revocation of your driver’s license
In these cases, the law sees fleeing the scene of an injury or fatal accident as a significant offense, and the penalties reflect the seriousness of the crime. If you’re involved in an accident with injuries, it’s critical to remain at the scene and call for medical help.
Is Felony Hit and Run the Same as Vehicular Manslaughter?
While felony hit and run and vehicular manslaughter may seem similar, they are distinct crimes. Vehicular manslaughter typically involves reckless driving or driving under the influence of drugs or alcohol, resulting in the death of another person.
Felony hit and run focuses on the act of leaving the scene after an accident that caused injury or death, regardless of whether the driver was reckless or intoxicated at the time. Both charges are serious, but vehicular manslaughter typically carries harsher penalties, including longer prison sentences.
What to Do After an Accident
If you’re involved in an accident, whether it’s a fender bender or a more serious crash, it’s important to follow these steps:
- Stop at the scene: Never leave the scene, even if the accident seems minor.
- Exchange information: Provide your contact information, insurance details, and vehicle registration to the other party involved.
- Assist injured individuals: If someone is injured, offer reasonable assistance, such as calling for medical help.
- Leave a note: If the other party is not present, such as hitting a parked car, leave a note in a visible spot with your contact details and an explanation of what happened.
By following these steps, you can avoid the serious consequences associated with a hit and run.
How a Criminal Defense Attorney Can Help
If you’re facing hit and run charges, it’s important to contact a criminal defense attorney as soon as possible. An experienced lawyer can help you build a defense strategy to challenge the charges or minimize the penalties. For example, they may be able to show that you were falsely accused or that law enforcement didn’t have probable cause to stop you.
Additionally, an attorney can work to reduce the penalties by demonstrating that you have a clean criminal record and deserve leniency from the court.
At Chambers Law Firm, we are here to help you understand your options and defend your rights. Contact us today at 714-760-4088 for a free consultation. We’ll review your case, explain your legal options, and develop a strategy to help protect your future.
