Homicide Investigation Services
Workplace Investigation Services

First-Time Hit and Run Charges: What to Expect and How to Respond

by | Aug 18, 2024

First-Time Hit and Run Charges: What to Expect and How to Respond

Facing a hit and run charge for the first time can be an overwhelming experience. The penalties and legal consequences depend on the specific circumstances of your case and the laws in your state. Understanding what to expect and knowing how to respond is crucial.

In this blog, we will discuss the general penalties for hit and run offenses and the steps you should take if you find yourself in this situation. If you are accused of or charged with a hit and run, contact Simmons Wagner, LLP at (949) 439-5857 for expert legal assistance.

Misdemeanor Hit and Run: What You Need to Know

A misdemeanor hit and run typically involves an accident that causes property damage but not injury or death. Most states define a misdemeanor hit and run with the following criteria:

  • Involvement in a Motor Vehicle Accident: You were driving and involved in an accident.
  • Property Damage: The accident caused damage to someone else’s property.
  • Failure to Stop: You willfully failed to stop at the scene or provide the owner of the damaged property with your identifying information.

Penalties for Misdemeanor Hit and Run

The consequences for a misdemeanor hit and run can include:

  • Restitution: Paying for the damages caused to the other party’s property.
  • Probation: A period of supervised or unsupervised probation.
  • Fines: Financial penalties as determined by the court.
  • Possible Jail Time: In some cases, short-term imprisonment may be imposed.

Felony Hit and Run: Understanding the Seriousness

A felony hit and run is a more severe offense that involves accidents causing personal injury or death. The criteria for a felony hit and run generally include:

  • Personal Injury or Death: The accident resulted in injury or death to another person.
  • Failure to Stop: You knowingly failed to stop or remain at the accident scene.

Penalties for Felony Hit and Run

First-time felony hit and run charges can lead to significant penalties, such as:

  • Probation and Jail Time: Probation combined with county jail time or state prison for several years.
  • Fines: Substantial fines amounting to several thousand dollars.
  • License Suspension or Revocation: Loss of driving privileges for a specified period.

Differences Between Felony Hit and Run and Vehicular Manslaughter

While both charges are serious, felony hit and run is distinct from vehicular manslaughter. Vehicular manslaughter typically involves:

  • Reckless Driving or DUI: Driving in a reckless manner or under the influence of alcohol or drugs.
  • Fatal Accident: Causing an accident that results in the death of another person.

Penalties for vehicular manslaughter can include years in state prison and hefty fines.

Steps to Take If You Hit a Car

If you are involved in a motor vehicle accident, it is crucial to follow these steps:

  • Locate the Owner: Try to find the owner of the vehicle and provide your driver’s license and vehicle registration.
  • Provide Assistance: If someone is injured, offer reasonable assistance, including calling for medical help if needed.
  • Exchange Information: Share your contact information, including address and phone number. Exchange insurance information if requested.
  • Leave a Note: If the vehicle is unattended or you cannot find the owner, leave a note in a conspicuous place with your contact details and a description of the incident.

How a Criminal Defense Attorney Can Help

If you face hit and run charges, contacting a criminal defense attorney is essential. An experienced lawyer can help you:

  • Develop a Defense Strategy: Challenge the charges by proving false accusations or lack of probable cause for your stop.
  • Minimize Penalties: Argue for leniency based on a clean criminal record or other mitigating factors.

Most attorneys offer free consultations, providing an opportunity to receive legal advice at no cost. Your communications with your attorney are protected by attorney-client privilege, ensuring confidentiality.

For expert legal guidance and a robust defense strategy, contact Simmons Wagner, LLP at (949) 439-5857. Our team is here to help you navigate this challenging situation and work towards the best possible outcome for your case.