Orange County Hit and Run Attorneys

Can You Go to Jail for a Hit and Run?

As mentioned before, a hit and run can be charged as a misdemeanor or a felony. Thus, if a person is convicted, they could face jail or prison time. Whether they’re sent to jail or prison depends on the level of charge levied against them.

To obtain a conviction, the prosecutor must prove beyond a reasonable doubt that:

• A car crash happened,
• The offender was conscious that the accident took place,
• Property (building, cars, etc.) was damaged (misdemeanor), or
• A person was injured or killed (felony), and
• The offender fled the scene, or
• The offender refused to provide identifying documents

Penalties For Misdemeanor Hit and Run

Upon a conviction, the offender faces a range of penalties. A court may impose punishments and stipulations regardless of whether or not the defendant caused the accident.

If the offender is convicted of misdemeanor hit and run, they face:

• Up to 1 year in jail
• Up to $1,000 in fines
• Up to 3 years’ informal probation
• Victim restitution
• Up to 2 points DMV reduction on driver’s license

Penalties For Felony Hit and Run

If the offender is convicted of felony hit and run, penalties include:

• 16 months or 2 or 3 years in prison (accident resulted in injury)
• 2, 3, or 4 years in prison (accident resulted in death)
• Up to $10,000 in fines
• Victim restitution
• Up to 2 points DMV reduction on driver’s license

Statute of Limitations for Hit and Run in California

The statute of limitations provides the time limit a prosecutor has to pursue a case. For misdemeanor hit and run offenses, prosecution must commence within 1 year after the crime was committed (California Penal Code § 802).

If a hit and run is considered a felony, the prosecutor has 3 years after its commission to start the case (California Penal Code § 801).

What To Do After a Car Accident

California law imposes several duties upon drivers involved in accidents causing property damage or injury. A driver is considered “involved” in an accident if they were logically connected to it, even if their car did not collide with another vehicle, property, or person.

The duties do not depend on whether the driver was at fault or whether the accident was avoidable. Any accident in which an individual’s property was damaged or another person was injured triggers lawful responsibilities for all drivers involved.

Under California law, any person involved in an accident must do the following:

Accident Causing Property Damage

• Stop at the scene of the accident as soon as is reasonably possible under the circumstances
• Provide the property owner with their name and current residential address
• Upon request, show their driver’s license to the property owner
• If the driver was not driving their own vehicle, provide the name and current residential address of the vehicle’s owner
• If the property owner cannot be immediately located, leave the required information in a note placed conspicuously on the damaged property, and promptly report the accident to the city police or the Highway Patrol (if the accident did not occur within city limits).

Accident Causing Injury to Someone Else

• Stop at the scene of the accident as soon as is reasonably possible under the circumstances
• Provide reasonable assistance to every injured person
• Upon request, show driver’s license to the injured person(s) or law enforcement officials on the scene
• Provide the injured person or police officer with the name and address of the vehicle’s owner as well as the vehicle registration number
• Identify all occupants of the driver’s vehicle who were injured
• Promptly notify an appropriate law enforcement agency of the accident

Most hit and run offenses involve collisions, but any driving that leads to an accident triggers the duties described above. For instance, if a person swerved into another driver’s lane, running that driver off the road and into a lamppost, the person must stop and take the actions described above.

Hit and Run Defense Strategy

Because “running” is not necessarily part of a hit and run charge, the defense mounted will depend on the facts, including those the prosecutor can or cannot prove.

Hit and run defense strategy include:

• The accused did not know and had no reason to know, that the accident occurred.
• The accused did not know and had no reason to believe that injury and/or property damage occurred during the accident.
• The accused was not driving.
• The assistance the accused provided to an injury victim, even if minimal, was reasonable under the circumstances.
• The accused stopped when it was reasonable to do so under the circumstances (because stopping earlier would have been dangerous).
• The accused made reasonable attempts to timely notify the police under the circumstances.
• The accused made reasonable attempts to give the required information to the other person(s) involved in the accident but could not do so for reasons that were beyond the accused’s control.
• The accused was injured in the accident and reasonably obtained medical care before reporting the accident.
• The accused was unable to comply with their duties due to a loss of consciousness or other medical condition.
• The accused complied with all duties and is being falsely accused of failing to do so.

Because every case is different, other defenses might also be available.

Contact Our Hit and Run Lawyers Today

If you’ve been charged with a hit and run offense, the fear of not knowing what could happen can be paralyzing. At The Law Offices of Randy Collins, our hit and run attorneys provide every caller and client with the personal attention they need to feel secure throughout their case.

Additional Reading:

• A Closer Look At Hit and Run Statutes Of Limitations
• How Hit and Run Defense Lawyers Help in Court

Contact the Law Offices of Randy Collins today to get started on your defense with our Orange County hit and run attorneys.