Hit & Run Accidents

As a rule, hit-and-run charges are treated as felony offenses only if the accident caused an injury to another person. It is usually a misdemeanor to leave the scene of an accident causing only property damage. If there is property damage involved, the hit-and-run can also be elevated to a felony offense in some states. A conviction can also be made even more severe if there is a serious injury to the victim.

Misdemeanor or a Felony

Depending on the state, a hit and run offense may be a felony or a misdemeanor. In most states, hit and run laws adhere to the general rule that an accident that causes a person's injury is a felony, while an accident that causes property damage is a misdemeanor.

Instead, California draws the line at serious bodily injury. Under both felony and misdemeanor hit and run laws in California, drivers are prohibited from deliberately leaving the scene of an accident that has caused an injury or property damage. Generally, a misdemeanor is charged if only property damage was caused. A wobbler that causes injury can be charged with a misdemeanor or a felony. Felonies will be prosecuted if the injury was permanent and severe, or if it resulted in death. An injury that does not cause death or serious injury can be charged as a misdemeanor by law enforcement.

In some states, hit and run cases can also be filed along with other charges such as driving under the influence or vehicular manslaughter. It is even more important for hit-and-run defendants to establish an attorney-client relationship and to get legal advice from a skilled criminal defense lawyer or hit-and-run lawyer when facing charges like this.

Hit and Runs

A hit and run accident occurs when a driver flees the scene of an accident. An injured victim can lose an important source of assistance if the driver flees the scene. By fleeing the scene, the victim or owner of the damaged property will also find it much more difficult to locate the perpetrator.

In order to be convicted of hit-and-run, four elements must be met: the defendant was operating a motor vehicle when the accident occurred, the accident damaged property or injured someone else, the defendant knew or should have known that the accident resulted in injury or property damage, and the defendant fled the scene of the accident. Moreover, the defendant willfully failed to stop at the scene of the accident and provide the assistance or information that they were legally required to provide.

Assistance will depend on the severity of the accident. The driver may only be required to exchange information with the owner of the property if only property damage occurred, including the driver's name and contact information.

It is necessary to provide reasonable assistance to a victim who was injured. As well as providing vehicle registration and license plate numbers, more information must be provided about the driver. Failure to comply can lead to charges of hit-and-run.

Hitting a Dog

Owners generally consider dogs and other pets to be their personal property. As a result, hitting them constitutes property damage. California, for example, would likely consider leaving the scene of an accident with a pet a misdemeanor.

Penalties For A Felony Hit And Run

Felony hit-and-run charges can carry more than a year in prison. A fatal accident can result in a much longer prison sentence.

The state of California does not distinguish between hit-and-run accidents that result in injury and fatalities. Depending on the severity of the injuries, law enforcement may pursue felony or misdemeanor charges. For felony convictions, the maximum penalty is 2, 3, or 4 years in state prison, and/or a fine between $1,000 and $10,000.

When a serious injury is the result of the accident, the accident is classified as a class 4 felony and is punishable by two to six years in prison and/or a fine of up to $500,000.

In cases of fatal accidents where the injured person dies, it is a class 3 felony that can be punished by up to four years in prison, and/or a fine between $3,000 and $750,000. As a result of felony hit and run convictions, a driver's license can also be suspended or revoked.

Penalties For A Misdemeanor Offense

Hit and run charges are considered misdemeanors and carry less than one year in jail.

California law provides that a misdemeanor conviction for an accident resulting in a non-serious injury carries up to one year in jail and/or fines between $1,000 and $10,000.

When a driver causes only property damage, such as hitting a parked car, a conviction may carry a maximum of 6 months in jail, and/or $1,000 in fines. In any event, though, a hit and run can have a significant impact on a driver's record, even if it was a misdemeanor. Car insurance companies will also have access to the incident and may increase the premiums for the vehicle owner.