In Los Angeles, hit-and-run accidents are treated very seriously by law enforcement and the courts. California law classifies hit and run offenses into two categories: misdemeanor and felony. The severity of the charges can depend on the circumstances of the accident, including the extent of the damages, whether there were injuries or fatalities, and the driver’s actions following the incident.
If you’ve been involved in a hit and run accident, it’s crucial to understand the legal implications of both misdemeanor and felony charges. Whether you’re facing charges or simply trying to educate yourself, consulting a DUI Defense Lawyer Los Angeles can provide the guidance needed to navigate your case.
We will break down the key differences between misdemeanor and felony hit-and-run offenses in Los Angeles and discuss how a DUI Defense Lawyer Los Angeles can help if you’re facing charges related to either offense.
What is a Hit and Run?
A hit and run occurs when a driver involved in an accident leaves the scene without providing the necessary information or assistance to the other party involved. California law mandates that drivers involved in an accident must stop, exchange contact information, and, if necessary, assist with medical care.
A hit and run can occur in various situations, such as:
- Vehicle accidents (whether another vehicle, a pedestrian, or property is involved)
- DUI-related incidents
- Accidents causing property damage, injuries, or fatalities
The specific charges you could face depend on whether the hit and run was classified as a misdemeanor or a felony, which we’ll explain below.
Misdemeanor Hit and Run in Los Angeles:
A misdemeanor hit and run typically involves accidents that result in property damage but do not cause significant bodily injury. Under California Vehicle Code Section 20002, leaving the scene of an accident involving only property damage is considered a misdemeanor offense.
Key Elements of Misdemeanor Hit and Run:
- Property Damage: The accident must result in damage to another vehicle, structure, or any property. No injuries should be sustained by other individuals involved.
- No Serious Injury or Fatality: If someone is hurt or killed in the accident, the charge may escalate to a felony.
- Failure to Stop and Exchange Information: If the driver fails to stop, provide their contact information, and report the accident to law enforcement, they may face misdemeanor charges.
While a misdemeanor hit and run charge can be serious, it is generally less severe than a felony charge. Penalties for a misdemeanor hit and run can include:
- Up to 6 months in county jail
- Fines up to $1,000
- Probation or other community service options
- Driver’s license suspension
If the driver has no prior criminal record and the damage is minor, the penalties can be lighter, but a conviction will still affect the individual’s driving record and insurance rates.
A DUI Defense Lawyer Los Angeles may be able to assist if alcohol or drugs played a role in the accident, offering defense strategies or plea options that may reduce the severity of the penalties.
Felony Hit and Run in Los Angeles:
A felony hit and run charge arises when the accident involves significant injury or death to another person, or when the driver causes substantial property damage and then leaves the scene. California Vehicle Code Section 20001 addresses felony hit-and-run charges.
Key Elements of Felony Hit and Run:
- Injury or Death: If the accident causes serious bodily injury or death to another person, leaving the scene can result in felony charges.
- Severe Property Damage: If the damage is extensive or if the driver has prior offenses, felony charges may apply even in property damage cases.
- Intentional Fleeing: If the driver intentionally leaves the scene with the knowledge that they were involved in a serious accident, this can be classified as a felony.
Felony hit-and-run charges carry far more serious consequences than misdemeanor charges. Potential penalties for a felony hit and run in Los Angeles include:
- Imprisonment in state prison for 1 to 4 years
- Fines up to $10,000
- Probation or parole
- Driver’s license suspension or revocation
- Restitution to victims for damages or injuries
In cases involving death or serious injury, the consequences may include significant prison sentences, especially if there is evidence of intent to flee. A DUI Defense Lawyer Los Angeles can be especially helpful in defending clients facing felony charges, particularly if there are complicating factors such as driving under the influence of alcohol or drugs.
Factors That Can Influence Misdemeanor vs. Felony Charges:
Several factors can influence whether a hit and run is classified as a misdemeanor or a felony in Los Angeles, including:
- Severity of the Accident
- Property Damage: If the damage is minor, it’s more likely to be classified as a misdemeanor. However, if the damage is extensive or involves multiple vehicles, felony charges could apply.
- Injury or Death: Accidents that result in serious injuries or fatalities will almost always result in felony charges.
- Driver’s Behavior
- Intent to Flee: If the driver intentionally leaves the scene, especially with knowledge of serious injury or death, the charge is more likely to be a felony.
- Previous Offenses: A driver with a history of similar offenses may face more severe penalties, even for a misdemeanor hit and run.
- Evidence and Witnesses
- Witness Testimony: Eyewitnesses can provide crucial information that determines the severity of the charges.
- Surveillance Cameras: Footage from nearby cameras or dash cams can also play a role in how the case is charged.
What Should You Do if You’re Involved in a Hit and Run?
If you’re involved in a hit and run accident, here’s what you should do:
- Stop Your Vehicle: Always stop your vehicle at the scene, regardless of the circumstances. Failing to do so could result in serious criminal charges.
- Exchange Information: Provide your contact information, driver’s license, and insurance details to the other party.
- Report the Accident: Call law enforcement and file a report. If anyone is injured, call for medical assistance immediately.
- Contact a DUI Defense Lawyer Los Angeles: If you’ve been charged with a hit and run, especially in a DUI case, seek legal representation as soon as possible.
A DUI Defense Lawyer Los Angeles can help you understand the charges against you, explore potential defenses, and work to minimize the consequences you face.
Conclusion:
The distinction between a misdemeanor and felony hit-and-run in Los Angeles hinges on the severity of the accident, whether anyone was injured or killed, and the driver’s actions after the crash. While both offenses can result in significant penalties, felony hit-and-run charges are far more serious and can lead to lengthy prison sentences and heavy fines.
If you’re facing hit and run charges or are concerned about a DUI-related hit-and-run, consulting with a DUI Defense Lawyer Los Angeles can provide the necessary legal expertise to protect your rights and navigate the legal process. Don’t take chances with your future—contact an experienced lawyer to discuss your case and understand your options.