As scary as it might be to stay and face the consequences of what happened, it’s always a better option than leaving the scene and being charged with a felony. Under Vehicle Code 20001 it is a crime to leave the scene of an accident in which a person has been injured or killed. If you’ve been charged with a felony hit and run, we can help. Give our experienced Fight My Ticket Los Angeles hit and run attorneys a call at 1-800-655-7505 orfill out the form.
Felony Hit And Run
As stated in Vehicle Code 20001 the driver of a vehicle that is involved in an accident which results in an injury to a person, other than the driver himself, or in the death of a person, has to immediately stop the vehicle at the scene of the accident. A prosecutor has to prove the following in order to convict a person of a felony hit and run:
- The defendant was involved in a vehicle accident while driving.
- The accident resulted in the injury or death of someone else besides the defendant.
- The defendant was aware, or should have been aware, that they were involved in an accident that injured or killed another person.
- The defendant failed to stop at the scene of the accident, provide assistance to the injured party, give their personal information to the injured party or the police.
Defenses for Felony Hit And Run
The most common defenses to a felony hit and run are:
- There was no injury or death: To be guilty of a felony hit and run the defendant must cause injury or death to another party. If there is not injury or death, but the driver fled the scene, they can still be charged with a misdemeanor hit and run, which is leaving the scene of an accident where property damage was involved.
- The defendant was falsely accused: false allegations happen even in hit and run cases. Sometimes a person might have a vendetta and accuse a defendant of a hit and run for personal reasons.
- The defendant’s confession was coerced: A coerced police confession may be excluded from the evidence and lead to a dismissal of the case.
Penalties for Felony Hit And Run
The difference between a misdemeanor hit and run and a felony hit and run is that in the first the only damage is sustained to property, whereas in the latter there is human injury or death involved. However, despite the name, the crime of felony hit and run is actually a wobbler offense, meaning a prosecutor can chose to charge it as a felony or a misdemeanor. If a prosecutor decides to charge it as a felony, the defendant is facing:
- Up to 4 years in jail.
- A maximum fine between $1,000 to $10,000.
Aside from that, the defendant will also be given two points to their driving record by the DMV, their insurance will increase, and the person whom they’ve injured will have the potential to sue them.
Contact the Hit and Run Attorneys at Fight My Ticket
If you or a loved one have been accused of a felony hit and run, you should speak with a criminal defense attorney straight away. You are being accused of a very serious crime and there is a lot on the line, including your freedom. We strongly urge you to speak with a seasoned criminal defense attorney as soon as possible to get your charges lowered or dismissed. Our attorneys have successfully defended hit and run clients for years. Don’t go through this alone, give the attorneys at Fight My Ticket a call at 1-800-655-7505 orfill out the form.