It is never a good idea to purposely get into an accident and leave the scene (otherwise known as a hit and run) but in some cases a person is simply in shock or uncertain of what to do. If you have been in this position then you may find yourself wondering: Am I going to be a charged with a misdemeanor or a felony? The truth is not as simple as a yes or no answer.
Misdemeanor Hit and Run
Hit and run can be charged as either a misdemeanor or a felony. The misdemeanor vehicle code describes a hit and run as one in which a drive failed to stop their vehicle after being involved in an accident in which there was some type of property damage. The maximum punishment for misdemeanor hit and run is six months in county jail and/or up to $1,000 in fines.
Felony Hit and Run
On the other hand, the state considers a hit and run a felony if a person is involved in an accident, flees that accident, and another person was injured or killed. This is actually a wobbler defense, which means it can be charged as a misdemeanor or a felony. In most cases, if the injury was minor it would be more likely to be a misdemeanor while a hit and run in which death was involved is likely to be a felony. The potential punishment for a conviction is up to four years in state prison.
Defense Options for Hit and Run
If you are charged with hit and run, there are a few defense options available to you. First, it may be that you were not involved in the accident at all. Perhaps you had lent your vehicle to a friend or family member or it is a case of a mistaken vehicle and identity. In that case, we would argue your innocent in court.
It may be that you were involved in an accident as accused but you did not flee the scene. You may Have given your information to the other party involved and they may have lost it or may be otherwise withholding it. It could be that you stopped, there was no noticeable damage and there were no injuries, and so you and the other party agreed to go your separate ways – only to have them later file a police report.
Finally, it may be that you were in shock. You may have been so injured that you needed to get immediate medical care. It is true that you are responsible for stopping at the scene but if someone in your vehicle was in a life or death situation, your criminal defense attorney can argue that you were acting in good faith and had reason to leave the scene. To get a free legal consultation and discover what your options are, contact Chambers Law Firm at 714-760-4088.
