Hit and Run First Offense – What Am I Looking At?

The penalties for a first-time hit and run offense will vary depending on the facts of your case and the laws of the state in which the crime was committed. But in general, you can expect the following:

• a misdemeanor charge punishable by probation, fines, restitution and some possible jail time if the crime involved just property damage, or
• a felony charge punishable by fines, restitution, and possible prison time if the crime resulted in injury or death to another person.

Hit and run is the crime where you flee the scene of a car accident where the accident caused property damage, injury, or death.

If you are involved in a car crash, most jurisdictions require you to try and locate the owner(s) of the vehicle(s) involved and provide them with your contact, vehicle registration and insurance information.

If you cannot find the owner of the other vehicle, you should leave a note for the person that describes what happened and informs them of your name and contact information.

1. What is a misdemeanor hit and run accident?

The hit and run laws of most states say that you commit misdemeanor hit and run if:

1. while driving, you are involved in a motor vehicle accident,
2. the accident caused damage to someone else’s property (but not injury or death), and
3. you willfully failed to stop at the scene of the accident or failed to provide the owner of the damaged property with your identifying information.¹

Most jurisdictions say that the penalties for misdemeanor hit and run charges include:

• restitution,
• probation,
• fines, and
• possibly some jail time.²

2. What is felony hit and run?

Most states say that you commit felony hit and run if you:

1. get involved in a car accident that causes personal injury or death, and
2. knowingly fail to stop or remain at the accident scene.³

State laws typically impose the following penalties in a first-time felony hit and run cases:

• probation with county jail time or custody in state prison for several years,
• fines totaling several thousands of dollars, and
• a driver’s license suspension or revocation.⁴

3. Is felony hit and run the same as vehicular manslaughter?

No. Felony hit and run is generally a separate and distinct crime from vehicular manslaughter.

You are usually guilty of vehicular manslaughter if you:

1. drive a motor vehicle in a reckless manner or under the influence of alcohol or drugs, and
2. thereby cause an accident that kills another person.⁵

Drivers accused of this crime will face felony charges punishable by:

• years in state prison, and
• significant fines.⁶

4. What should you do if you hit a car?

If you are involved in a motor vehicle accident, you should try to locate the owner of the vehicle and show that person your driver’s license and vehicle registration. If someone is injured at the accident scene, you should provide reasonable assistance (including calling for an ambulance if one is necessary).⁷

You should also provide the owner with your contact information, including your current street address and phone number.⁸

If the owner asks for it, you should also exchange information regarding your insurance company and auto insurance information.

If you hit an unattended vehicle (for example, one in a parking lot) or cannot find a car’s owner, you should leave a note for the owner in a conspicuous place. In the note, you should describe what happened and you should include your contact information and address.⁹

5. Can a criminal defense attorney help?

If you are facing criminal charges involving leaving the scene of an accident, you should contact a criminal defense lawyer for help.

An attorney can help you develop a defense strategy to challenge your charges. For example, a defense lawyer can help you try and show that you were:

• falsely accused of a crime, or
• only stopped by law enforcement when a police officer failed to have probable cause.

If you do get charged with a criminal offense, a criminal defense attorney can help minimize the hit and run penalties that you may face. For example, a lawyer could try and show that you have a relatively clean criminal record and deserve mercy from the court.

Note that most attorneys and law firms/law offices provide free consultations. This means you can receive legal advice at no cost.

Further, your communications with your attorney are protected by the attorney-client relationship. This bond says that your lawyer cannot disclose your confidences without first gaining your consent.