A hit and run charge in California can carry serious legal consequences, including fines, license suspension, and even jail time. Whether you left the scene due to panic, confusion, or fear, understanding the law and potential defense strategies is crucial in protecting your rights. Contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.
What Constitutes a Hit and Run in California?
California law distinguishes between two types of hit and run offenses:
- Misdemeanor Hit and Run (Vehicle Code 20002): This applies when a driver leaves the scene of an accident that resulted in property damage but no injuries. Drivers are legally required to stop, exchange information, and report the incident.
- Felony Hit and Run (Vehicle Code 20001): If an accident results in injury or death and the driver leaves the scene without providing aid or reporting the incident, it is considered a felony offense.
Potential Penalties for a Hit and Run Conviction
The penalties for a hit and run depend on whether it is classified as a misdemeanor or felony:
Misdemeanor Hit and Run Penalties
- Fines up to $1,000
- Up to six months in county jail
- Restitution for property damages
- Probation and possible community service
Felony Hit and Run Penalties
- Fines ranging from $1,000 to $10,000
- Imprisonment for up to four years if the accident resulted in serious injury or death
- Possible revocation or suspension of driver’s license
- Permanent mark on criminal record
Legal Defenses Against Hit and Run Charges
A hit and run conviction is not inevitable. With the right legal representation, you may be able to challenge the charges. Common defense strategies include:
- Lack of Knowledge: If you were unaware that an accident occurred, it may serve as a defense against the charge.
- No Property Damage or Injury: If no damage or injury took place, the case may be dismissed.
- Mistaken Identity: Law enforcement may have identified the wrong driver, especially if the vehicle involved was misreported.
- Emergency Situations: If leaving the scene was necessary due to immediate danger, your attorney may argue that you had a valid reason.
- Attempts to Report the Incident: If you tried to report the accident but were unable to do so immediately, this may work in your favor.
Why You Need an Attorney for a Hit and Run Case
Hit and run cases can be complex, and the consequences can have lasting effects on your driving record, employment opportunities, and legal status. A skilled criminal defense attorney can help by:
- Negotiating with prosecutors to reduce or dismiss charges
- Gathering evidence to support your defense
- Representing you in court and advocating for the best possible outcome
- Advising on how to protect your driving privileges
If you or a loved one is facing a hit and run charge, don’t wait to seek legal assistance. Contact Law Office of Michael L. Fell at (949) 585-9055 today to discuss your case and explore your legal options.