A hit-and-run charge can be a confusing and overwhelming experience, especially if you were not at fault for the underlying accident. Many people mistakenly believe that fault determines whether they can be charged with leaving the scene. However, California law focuses on the act of fleeing, not who caused the crash.
This article will explore how California handles hit-and-run cases where fault isn’t the primary issue, the potential penalties, and how a skilled hit-and-run defense lawyer can help protect your rights.
What Is a Hit-and-Run in California?
A hit-and-run occurs when a driver involved in an accident does not adhere to their legal obligations. This includes stopping, exchanging information with the other driver, or assisting the injured. Under California law, this applies to both accidents causing property damage and those resulting in injuries or fatalities. The key element of a hit-and-run is the driver’s failure to remain at the scene or provide necessary support, regardless of fault for the accident.
Key Aspects of a Hit-and-Run
- Property Damage: Leaving without sharing contact and insurance details after causing damage to another vehicle or property.
- Injuries or Fatalities: Failing to stop or offer assistance when an accident results in injury or death.
Under California Vehicle Code Sections 20001 and 20002, hit-and-run incidents are taken seriously and can lead to significant penalties, including fines, license suspension, or even imprisonment, depending on the severity of the incident.
Can You Be Charged Even If You’re Not at Fault?
Yes, you can still face a hit-and-run charge even if you didn’t cause the accident. Fault plays no role in determining whether leaving the scene constitutes a crime. California law focuses on whether you fulfilled your legal duties following the collision.
Common Scenarios Leading to Charges
- Minor Fender Benders: If you leave the scene of a minor accident because no one appeared injured or you didn’t notice the damage, you can still be charged.
- Parked Vehicles: Driving away after hitting a parked car without leaving your information can result in a hit-and-run charge.
- Fear or Confusion: If you panicked and left the scene, you could still face charges, even if the accident wasn’t your fault.
Penalties for Hit-and-Run in California
The consequences for a hit-and-run charge in California vary depending on the circumstances of the accident, particularly whether it involved property damage, injuries, or fatalities.
Misdemeanor Hit-and-Run
If the accident only results in property damage, it is classified as a misdemeanor. Penalties for a misdemeanor hit-and-run can include up to six months in jail, fines reaching $1,000, and restitution to cover the cost of the damaged property. Additionally, offenders may be required to complete probation and community service as part of their sentence.
Felony Hit-and-Run
When the accident involves injuries or fatalities, the offense becomes a felony. Penalties for a felony hit-and-run include two to four years in prison for accidents involving severe injuries or death, fines ranging from $1,000 to $10,000, and restitution payments to compensate injured parties. Similar to misdemeanor cases, probation and community service may also be imposed.
Understanding these distinctions is critical to preparing a defense and addressing the specific consequences associated with the charge.
Factors That Complicate Hit-and-Run Cases
Hit-and-run charges can be complex, especially when fault isn’t the issue. Here are some factors that may complicate your case:
Unintentional Flight
Sometimes drivers don’t realize they’ve been in an accident. For example, a minor scrape in a crowded parking lot might go unnoticed. Unfortunately, leaving the scene under these circumstances can still lead to charges.
Delayed Reporting
Failing to report the accident promptly or trying to return to the scene later doesn’t absolve you of the responsibility to remain at the scene initially.
Witness Statements
In hit-and-run cases, witness accounts can heavily influence the case. Even if you weren’t at fault, discrepancies between your statement and those of others could complicate your defense.
How a Hit-and-Run Defense Lawyer Can Help
Facing a hit-and-run charge can be overwhelming, but a skilled criminal defense lawyer can help you navigate the legal process and build a strong defense.
Evaluate the Evidence
Your lawyer will analyze surveillance footage, witness statements, and other evidence to identify weaknesses in the prosecution’s case.
Challenge Intent
Proving intent to flee is critical in a hit-and-run case. Your lawyer can argue that you didn’t intentionally leave the scene or were unaware of the accident.
Negotiate Reduced Charges
In some cases, your lawyer may negotiate with prosecutors to reduce the charges from a felony to a misdemeanor or secure alternative sentencing options like probation.
Protect Your Record
A hit-and-run conviction can result in a permanent criminal record. Your attorney will work to minimize the impact of the charges on your future.
Common Defenses Against Hit-and-Run Charges
Every case is unique, but some common defenses include:
Lack of Knowledge
If you were unaware that an accident occurred, your lawyer could argue that you had no intent to flee.
Emergency Situation
If you left the scene to address an immediate emergency, such as seeking medical help for yourself or another party, this could be a valid defense.
Mistaken Identity
If another driver fled the scene and you were mistakenly identified, your lawyer can present evidence to prove your innocence.
Violation of Rights
If law enforcement violated your constitutional rights during the investigation or arrest, your lawyer may argue to have the evidence excluded.
Frequently Asked Questions
Here are some of the most common questions about hit-and-run accidents.
1. What should I do if I realize I left the scene of an accident?
Contact a hit-and-run defense lawyer immediately. Your lawyer can guide you on how to report the incident and mitigate potential consequences.
2. Can I still be charged if I return to the scene?
Returning to the scene may help your case, but it doesn’t eliminate the possibility of charges. The law focuses on your initial actions after the accident.
3. What if no one was hurt in the accident?
You can still face misdemeanor charges for failing to stop and provide information after an accident involving property damage.
Why Hiring a Criminal Defense Lawyer Is Essential
Hit-and-run charges are serious, and the penalties can have lasting consequences on your life. A knowledgeable criminal defense lawyer understands the nuances of California law and can help protect your rights.
Key Benefits of Hiring a Lawyer
- Knowledge of California’s hit-and-run laws.
- Ability to challenge evidence and reduce charges.
- Guidance on avoiding a criminal record.
- Strong representation in court.
Call The Law Offices of Christopher Chaney for Aggressive Hit-and-Run Defense in California
A hit-and-run charge doesn’t have to define your future. At The Law Offices of Christopher Chaney, we are committed to protecting your rights and achieving the best possible outcome in your case.
If you’ve been charged with a hit-and-run in California, don’t wait to seek legal help. Call 818-330-5198 or fill out our online contact form to schedule a free consultation with one of our experienced hit-and-run defense lawyers. We help clients in Los Angeles, Encino, Westlake Village, and around California.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
