Is A Hit And Run A Felony?

Leaving the scene of an accident can result in severe penalties. You must stop after an accident resulting in property damage or bodily injury. This means that you must stop after an accident, even if the property damage is minor. Failure to do so can result in criminal charges, and some of the penalties can be quite serious.

You might be wondering whether a hit and run accident is considered a misdemeanor or a felony. The answer depends on a few different factors. We will cover everything you need to know about hit and run accidents, including the potential charges and possible penalties. Keep reading to get all the details!

 

Hit And Run Charges: Misdemeanor Or Felony?

So, are hit and run charges classified as a misdemeanor or a felony? Hit and run laws vary from state to state, but there are a few general rules. In most states, the line is drawn where a bodily injury occurs. If you leave the scene of a car accident that results in personal injury, you will likely face a felony charge. Hit and run accidents that result in injury are almost always classified as a felony, although they could be classified as a misdemeanor in some states if the injury is minor. An injury may occur to the driver of another vehicle, the passenger of another vehicle, or a pedestrian. So, you could be charged with a hit and run felony if you leave the scene after hitting a pedestrian.

Hit and run accidents in which only property damage occurs will usually be classified as misdemeanors. Property damage might occur to another motor vehicle, or it could happen to personal property. Suppose, for example, that you hit someone’s mailbox but do not stop. Since that incident was a motor vehicle accident that resulted in property damage, you could be charged with a hit and run if you decide not to stop. You should also know that some states will bring felony charges for hit and run accidents with only property damage when the damage exceeds a certain value. For instance, if the property damage exceeds $10,000, then felony charges could be brought.

 

What Exactly Is A Hit And Run Accident?

So, what qualifies as a hit and run accident? In most states, a hit and run accident is defined as any auto accident that causes any amount of property damage or bodily injury to another person and in which the driver of the vehicle does not stop at the scene. If you are involved in an auto accident that causes any damage or injury, you must stop and exchange information with anyone else involved in the accident. There is some basic information you should exchange with the other parties, and the police should be called in most cases.

When you stop after an accident, be prepared to exchange your name and address, insurance information, vehicle registration number, and driver’s license number. If there is an injured person at the scene, promptly call 911 for medical assistance. You may decide to offer medical assistance to others at the scene, but you are under no obligation to provide this assistance. Most people choose to offer reasonable assistance to other parties at the scene, but many people do not feel comfortable attempting to render medical aid.

So, what happens when there is no other party involved? For example, what do you do if you hit a parked car? If you hit a parked car and continue to drive, you could be charged with a hit and run. You should stop at the scene and inspect both vehicles for damage. If there is any damage at all, you should make a reasonable attempt to locate the owner of the vehicle. When the owner is unavailable, you have a couple of options. Most people will choose to contact the local police department to have a police report created. At a minimum, you should leave your contact information on the vehicle that you hit. This will allow the vehicle’s owner to contact you and exchange information after the accident.

Remember that the information contained in this article is not intended to be legal advice. The traffic laws in each state vary slightly, so you should always consult a hit and run lawyer in your area if you are involved in an accident.

 

Misdemeanor Hit And Run Penalties

Hit and run drivers can face some fairly stiff penalties, even for misdemeanor charges. For a misdemeanor offense, a hit and run driver might face up to $1,000 in fines and up to one year of jail time. Along with the criminal offenses, these drivers will also face points on their driver’s licenses. Depending on the current status of their license, it might even result in a license suspension.

In addition to the criminal penalties mentioned above, you might also face additional traffic violations. You could be cited for speeding, reckless driving, or other infractions after a hit and run accident. These charges could result in more fines and potential jail time. Leaving the scene of an accident is usually not worth spending a year in jail, so you should always stop your vehicle after a car accident! Finally, you are likely to face revocation of your auto insurance policy. Your insurance company will probably drop your coverage after a hit and run conviction.

 

Felony Hit And Run Penalties

Now that you know the penalties for a misdemeanor hit and run, let’s discuss the penalties for a felony hit and run. As you might imagine, felony hit and run cases usually result in stiffer penalties than misdemeanor cases. The penalties can differ depending on whether or not you were at fault in the accident. Remember that you can be convicted of a hit and run even if the other driver was at fault.

In felony hit and run cases, the vehicle codes in most states allow the driver to be sentenced to up to five years in jail and up to $5,000 in fines in many cases. However, accidents in which the defendant was at fault and which caused a serious injury can result in even more severe penalties. For example, in Michigan, an at-fault driver who leaves the scene of an accident resulting in serious injury could face jail time of up to 15 years and fines of up to $10,000. Remember that a felony can remain on your criminal record forever, so these charges will stay with you for the rest of your life. You might also be forced to pay the injured person’s medical bills as a result of civil litigation.

In addition to the criminal hit and run charges, you could also be charged with other infractions. Some drivers choose to leave the scene of an accident because they are driving under the influence. This is not a good idea. You can still be charged with a DUI, but you will then be facing both the DUI and the hit and run charge. Is a DUI a felony? A first-offense DUI is usually a misdemeanor in most states, but you could be charged with both a felony hit and run and a misdemeanor DUI. Any motorist involved in an accident should stop their vehicle at the scene of the accident, assess the damage, and exchange information with the other parties. If the police are called, you should remain at the scene until the police officer arrives.

 

Possible Defenses To Hit And Run Charges

If you are charged with a hit and run, you will likely want to contact a law firm that handles hit and run cases. Most offer a free consultation, and they can advise you on your best defense against the charge. So, what are some of the possible defenses to a hit and run charge? There are a few defenses that might get you acquitted of the charge.

First, you could argue that there were no damages or injuries as a result of the accident. Hit and run charges require some type of property damage or injury. If no damage or injuries occurred, then there would be no grounds for a criminal charge. Suppose you hit a parked car in a parking lot. You stop your vehicle and assess both cars for damage. There is no damage to either car, yet somehow you get charged with a hit and run. Your criminal defense attorney can likely get the charges dismissed because there was no damage that resulted from the accident.

Another potential defense to a hit and run charge would be the fact that you did stop at the scene. If you stop and exchange information with the other driver but leave before the police arrive, they might attempt to charge you with a hit and run. However, you might not always be legally required to remain at the scene until the police show up. Since you did stop after the accident and exchange information, you can probably get out of the hit and run charges.

Finally, you might be able to argue that you were not driving the vehicle. For example, suppose that a friend borrows your car and gets into an accident. Instead of stopping at the scene, they decided to drive off. A witness gets the tag number of the vehicle, and police arrive to arrest you for a hit and run. If you can provide evidence that you were not the driver of the vehicle, you will probably be acquitted of the hit and run charge.

 

What To Do If You Are Involved In A Hit And Run

Here, we will examine the situation from both the runner’s perspective and the other party’s perspective. First, you should always stop at the scene of a crash. If you are involved in an accident (whether you hit someone or someone else hits you), make sure that you stop and exchange information as required by your local laws. However, here is what to do when things don’t go as planned.

If the other party flees the scene, you should try to get as much detail as possible about their vehicle. Note the make, model, and color of the car. If possible, get their tag number. Try to make a note of any other identifying information, like stickers, damage, or other details about the car. Go ahead and call the police to notify them of the accident and give them the information you have collected about the other vehicle. If injuries occur and medical assistance is required, then you should dial 911 right away.

On the other hand, if you leave the scene of an accident, you should probably contact a hit and run defense lawyer for advice. Once you establish an attorney-client relationship, your attorney can advise you on the proper steps to take. Most of the time, you should remain silent instead of attempting to make up excuses or lies about the accident. Remember that the police are not required to read your Miranda rights until you have been placed in custody. Anything you tell them can potentially be used against you, so it is best to remain silent until talking to an attorney.

 

The Bottom Line

Hit and run charges may be brought against anyone who leaves the scene of an accident that results in property damage or injuries. These charges could be a misdemeanor or a felony, depending on the extent of the damage. If injuries occur, the charges will usually be a felony, while property damage will typically result in misdemeanor charges. Even misdemeanors could result in up to a year in jail and $1,000 or more in penalties. Felony convictions could include up to 15 years in jail and $10,000 in fines.

 

Frequently Asked Questions

 

Is hitting an animal considered a hit and run?

Yes, you could be charged with a hit and run after hitting an animal. Remember that you must stop after any accident resulting in property damage. If your vehicle is damaged after hitting an animal, you must stop at the scene. You should go ahead and notify the police of the accident. The police officer can make a report of the accident and include whether the animal was a wild or domesticated animal.

 

How much does it cost to hire a hit and run lawyer?

The cost of hiring a hit and run lawyer depends on many factors. Lawyers charge different prices based on their experience and expertise. On average, you can expect to pay $150 to $250 per hour for a criminal defense attorney. Most attorneys require the payment of an up-front retainer. Most base their retainer amount on the amount of time they expect the representation to require. You could pay $3,000 or more to hire an attorney to defend you against a hit and run charge.

 

Can you get a DUI after leaving the scene of an accident?

Yes, you can get a DUI after leaving the scene of an accident. After a hit and run accident, you can be charged with both a hit and run and other traffic violations. This could include a DUI, DWI, speeding, reckless driving, or other charges. Leaving the scene of an accident in an attempt to avoid other charges is almost always a bad idea. More often than not, that person ends up getting charged with multiple infractions.