What Is A Felony Hit And Run?

What is a Felony Hit and Run? 

Leaving the scene of a car accident without reporting it can result in a felony charge. In some states, this crime carries a fine of up to $5K and 30 days in jail. If the accident causes great bodily injury, the liable party can be sentenced to a year to 35 years in prison and up to $25K in fines.

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Leaving the scene of an accident without reporting it 

A hit and run is an act in which a driver hits a pedestrian, car, fixed object, or animal, and leaves the scene without reporting the accident or offering assistance to the injured party. In some states, this offense is not a felony, but it is still a serious offense. Most states allow drivers who cause accidents to temporarily leave the scene for emergency assistance. 

For a felony hit and run, the driver of the offending vehicle will be charged with a misdemeanor or a felony. The charge will be higher if there was an injury to the victim, or if the damage to the other party was greater than $1,000. In addition, the driver can face a license suspension for several months or even years, depending on the severity of the offense. 

Class 1 misdemeanor 

A Class 1 misdemeanor charge is a lesser offense than a felony hit and run. However, it can still carry significant penalties. A Class 1 misdemeanor conviction will result in a fine of at least $2500. In some cases, passengers can also face a Class 1 misdemeanor charge. Depending on the circumstances, a passenger could be sentenced to a year in jail and a $2,500 fine. 

If you’ve hit someone and fled the scene without identifying yourself, the punishment can be harsh. If the hit was a fatality or caused more than $1,000 in property damage, you could be charged with a Class 5 felony. However, if you were a passenger in the other vehicle and failed to report the accident, you’ll likely be sentenced to a Class 1 misdemeanor. 

Class E felony 

If you have been arrested for a hit-and-run offense, it is important to know your rights and to consult an attorney immediately. A felony Hit-and-Run charge is a serious crime that can carry a prison term of 24 to 48 months. In addition, you may be required to pay restitution and face fines. Even if you’ve been charged with a misdemeanor, you can expect to serve 90 days to a year in county jail and a minimum of restitution. A felony conviction can result in up to 16 to 36 months in prison and fines. 

There are several defenses to a felony hit-and-run charge. One of the most important is the fact that a person cannot be held criminally liable for a hit-and-run if they did not know the collision. Drivers often do not realize they have struck another vehicle until after the collision has occurred. However, a person can be charged with a felony for hit-and-run if they intentionally fled the scene without stopping. 

Defendants argue mistake of fact 

A mistake of fact defense is a common defense for criminal defendants. It applies when an individual fails to fully understand a law or is misinformed about the laws in his or her locality. However, this defense is only applicable in limited situations. For example, a defendant cannot use the mistake of fact defense in a case involving murder, a drug crime, or obscure traffic law. Nevertheless, defendants may use the defense if they are misinformed about an otherwise clear law. 

This defense is most effective in situations where the defendant was unaware of a fact or did not intend to commit the crime. For example, if the defendant misinterpreted the ownership of a property, the mistake negated the intent to deprive the owner. However, to successfully use this defense, the defendant must show that the mistake was honest and reasonable. The mistake must have been reasonable in light of the circumstances and must be reasonable in the eyes of the court. 

Damages not covered by auto insurance 

The damages that result from a hit-and-run accident can be quite substantial. As a result, figuring out who should pay for them can be very complicated. If you are liable for the accident but do not have automobile insurance, you may have to pay for the damages out of your pocket. In some cases, you may even have to hire a lawyer. 

If you have insurance, it will pay for the damages that are not covered by the other driver’s insurance policy. However, if the accident results in a fatality, you will be charged with a felony hit-and-run, and the insurance company may refuse to cover those expenses. 

What Is A Felony Hit And Run? | Montag Law Office