Hit and run charges are serious criminal offenses in Los Angeles, California, and can lead to severe penalties, especially when aggravating factors are involved. If you’re facing a hit and run charge, understanding these circumstances and how they could escalate your case is critical.
In this blog, we’ll break down what qualifies as a hit and run in California, the potential aggravating factors that could make your situation worse, and how working with a criminal defense lawyer can help protect your rights.
What is Considered a Hit and Run in California?
In California, a hit and run happens when a driver involved in an accident fails to stop and fulfill their legal responsibilities, such as providing identification or offering assistance to anyone involved in the crash.
In California, hit and run offenses are classified into two main categories:
- Misdemeanor Hit and Run: Involves property damage only, such as hitting a parked car or damaging public property like road signs or fences.
- Felony Hit and Run: Occurs when the accident results in injury or death to another person. This is far more serious and carries harsher penalties.
Even if you are not at fault for the accident, failing to remain at the scene can lead to hit and run charges, which makes having a criminal defense lawyer critical to building a defense.
Aggravating Circumstances That Could Worsen Your Los Angeles Hit and Run Case
While a standard hit and run charge is already severe, certain aggravating factors can worsen your legal situation significantly. These circumstances can lead to heightened penalties and further complicate your defense.
Injury or Death to Another Person
One of the most serious aggravating factors is if the hit and run accident results in injury or death. Even if the accident wasn’t your fault, leaving the scene without assisting the injured party or calling emergency services can turn a misdemeanor hit and run into a felony charge. California law takes the safety and well-being of accident victims very seriously, and failing to act can result in much harsher penalties.
For example, if someone is injured or killed and you flee the scene, you could face a felony hit and run charge, which carries up to four years in state prison, hefty fines, and a permanent criminal record. Consulting with a hit and run lawyer is crucial in these cases to ensure you are represented fairly and to explore options that might reduce your charges.
Driving Under the Influence (DUI)
Driving under the influence of drugs or alcohol is another significant aggravating factor in a hit and run case. If it is proven that you were impaired at the time of the accident and subsequently fled the scene, the consequences will be far more severe.
A DUI hit and run is not only a serious criminal offense but can also lead to additional charges for both the hit and run and DUI, resulting in:
- Increased jail or prison time
- Higher fines
- Longer license suspension or revocation
- Required participation in DUI education programs
In such cases, a criminal defense lawyer can assess your case and work to minimize the impact of these additional charges.
Reckless or Dangerous Driving
Reckless driving involves operating a vehicle with a willful disregard for the safety of others. If the hit and run occurred while you were driving recklessly, such as speeding, running red lights, or engaging in other dangerous behaviors, the court is likely to treat your case with greater severity.
Reckless driving in conjunction with a hit and run can elevate your charges and result in additional consequences, such as:
- Enhanced jail or prison sentences
- Substantially higher fines
- Increased likelihood of a permanent criminal record
- Increased civil liability if the victim or their family decides to sue
If reckless driving played a role in your accident, it’s essential to work with a hit and run lawyer who understands how to approach these complex legal issues and negotiate for a better outcome.
Fleeing the Scene in a Panic
Leaving the scene in a panic might seem like a lesser offense, but the court may view your behavior as an attempt to evade responsibility. Even if panic was the reason behind your decision to flee, the law expects drivers to act responsibly in the event of an accident. If you failed to stay due to panic or fear, you could still face harsh penalties.
Explaining your actions clearly and presenting any evidence of mitigating circumstances (such as extreme fear or confusion) requires a strategic approach. A criminal defense lawyer can help build a defense that may reduce your penalties or even get your charges dropped, depending on the specifics of the case.
Potential Penalties for Hit and Run Convictions in Los Angeles
The consequences of a hit and run conviction vary depending on the severity of the accident and the presence of any aggravating factors. Below are the potential penalties you could face:
Misdemeanor Hit and Run (Property Damage Only)
- Up to six months in county jail
- Fines up to $1,000, in addition to compensation for the damaged property
- Restitution to the victims
- Probation
- Points on your driving record
- Potential civil liability for property damages
Felony Hit and Run (Injury or Death)
- Between two and four years in state prison
- Fines up to $10,000
- Restitution to the injured party or their family
- Permanent criminal record
- Driver’s license suspension or revocation
- Significant civil liability if the victim sues for damages
Building a Strong Defense with an Experienced Criminal Defense Lawyer
Hit and run charges, particularly with aggravating factors, can seem overwhelming. However, working with an experienced hit and run lawyer is crucial in navigating the legal process, protecting your rights, and minimizing the impact of these charges.
Here are several ways a criminal defense lawyer can help build your defense:
- Analyzing the Evidence: Your lawyer will thoroughly review the evidence against you, including police reports, witness statements, and any available surveillance or dash cam footage, to challenge the prosecution’s case.
- Identifying Weaknesses in the Prosecution’s Case: If the evidence against you is weak or flawed, your lawyer may be able to argue for a reduction or dismissal of charges.
- Negotiating Plea Deals: In some cases, a plea bargain may be the best option to avoid the harshest penalties. Your lawyer can negotiate with the prosecution to secure a more favorable outcome.
- Exploring Mitigating Factors: If you fled the scene due to panic or fear, your lawyer can present this as a mitigating factor that may reduce your sentence.
Facing Hit and Run Charges in Los Angeles? Contact the Law Offices of Christopher Chaney
If you’re facing hit and run charges in Los Angeles, particularly with aggravating factors, it’s essential to act quickly.
The Law Offices of Christopher Chaney have extensive experience defending individuals in complex hit and run cases. Call us today at 818-330-5198 or fill out our online contact form to schedule a free consultation with a skilled criminal defense lawyer. We’ll work tirelessly to protect your rights and guide you through this challenging process.
