Los Angeles Hit-and-Run Defense Attorney
What are the levels of hit and run charges in California?
In California, hit and run charges can range from misdemeanors to felonies depending on the circumstances of the incident.
Misdemeanor hit and run: If the incident only caused property damage and no one was injured, the charge is typically a misdemeanor hit and run.
Felony hit and run with property damage: If the incident caused property damage and someone was injured, the charge is typically a felony hit and run.
Felony hit and run with injury or death: If the incident caused injury or death to another person, the charge is typically a felony hit and run with injury or death, which is the most severe form of hit and run charge in California.
It is important to note that the severity of the charges and the penalties associated with hit and run incidents can vary depending on the specific circumstances of each case and the discretion of the prosecutor and the judge.
What are the penalties for misdemeanor hit and run in California?
In California, the penalties for a misdemeanor hit and run conviction can include:
Fines: A person convicted of misdemeanor hit and run can be fined up to $1,000.
Jail time: A person convicted of misdemeanor hit and run can be sentenced to up to six months in county jail.
Probation: A person convicted of misdemeanor hit and run can be placed on probation for up to three years.
License suspension: The California Department of Motor Vehicles can also suspend a person’s driver’s license for up to six months for a hit and run conviction.
Community service: A person convicted of misdemeanor hit and run may be required to perform community service.
Restitution: A person convicted of hit and run may be ordered to pay restitution to the victim(s) for the damage caused.
In some cases, the initial filing is as a misdemeanor but it later elevated to a felony if the incident caused injury or death to another person.
What are the penalties for felony hit and run in California?
In California, the penalties for a felony hit and run conviction can include:
Fines: A person convicted of a felony hit and run can be fined up to $10,000.
State prison time: A person convicted of a felony hit and run can be sentenced to two, three, or four years in state prison.
Probation: A person convicted of a felony hit and run can be placed on probation for up to five years.
License suspension: The California Department of Motor Vehicles can also suspend a person’s driver’s license for a period of time for a hit and run conviction.
Community service: A person convicted of a felony hit and run may be required to perform community service.
Restitution: A person convicted of a hit and run may be ordered to pay restitution to the victim(s) for the damage caused.
Call Now for a free case analysis 213-252-1000
What vehicle codes cover hit and run in California?
In California, the vehicle codes that cover hit and run incidents are:
California Vehicle Code (CVC) section 20001: This section of the CVC defines the crime of hit and run and sets forth the duties of a driver involved in an accident resulting in injury or death.
California Vehicle Code (CVC) section 20002: This section of the CVC defines the crime of hit and run and sets forth the duties of a driver involved in an accident resulting in property damage.
It is important to note that these vehicle codes outline the criminal penalties for hit and run incidents in California and do not address any potential civil liability for damages caused by a hit and run incident.
In California, under Vehicle Codes 20001(a) and 20002(a), it is illegal to leave the scene after getting involved in a motor vehicle Accident. Drivers must stop at the location and exchange all necessary information with the other party. This may include phone number, driver’s license, vehicle registration and insurance information. Failure to do so could lead to misdemeanor hit-and-run charges being filed against you. When the accident has caused injuries or death, and you failed to stop and render assistance, you could be charged with a felony hit-and-run and face custody time in state prison.
What are my duties after an accident involving injury in California?
In California, after being involved in a car accident that has resulted in injury, the following duties are required by law:
Stop the vehicle: The driver must stop the vehicle at the scene of the accident or as close to the scene as possible.
Render aid: The driver must provide reasonable assistance to any person who has been injured in the accident, including calling for medical help if necessary.
Provide identifying information: The driver must provide their name, address, vehicle registration number, and driver’s license number to the other driver or to a police officer.
Report the accident: The driver must report the accident to the California Highway Patrol or the police department of the city where the accident occurred if the accident caused injury or death, or if there was property damage in excess of $1,000.
Obtain a written report: If the accident occurred on a California highway or on a street within the limits of a city, the driver must obtain a written accident report from the CHP or the police department.
It is important to note that failing to fulfill these duties after a car accident involving injury can result in criminal charges, such as hit and run, and civil liability for the damages caused by the accident.
When you get involved in an accident, it is best to immediately stop the vehicle and proceed to speak with the other party. Never leave the scene of an accident even if the other vehicle was parked and no one was injured. This is also true even if you were not at fault for the accident or if your vehicle struck someone else’s private property or a government property such as a wall, a highway guard rail, a street sign or a hydrant.
What defenses are available to a hit and run charge in California?
In California, some possible defenses to a hit and run charge include:
Lack of knowledge: If the driver was unaware of the accident or did not realize that they were involved in a hit and run incident, this could be a defense to the charges.
Fear for safety: If the driver was in fear for their safety and left the scene, this could be a defense to the charges.
Necessity: If the driver had a legitimate reason for leaving the scene of the accident, such as to seek medical attention, this could be a defense to the charges.
False accusation: If the driver was wrongly accused of hit and run and did not actually leave the scene of the accident, this could be a defense to the charges.
Insufficient evidence: If the prosecution does not have enough evidence to prove the elements of the crime beyond a reasonable doubt, this could be a defense to the charges.
It is important to note that these defenses are not guaranteed to succeed in every case and that the specific facts and circumstances of each case will determine the success of these defenses. An experienced criminal defense attorney can advise on the best defense strategy for a specific hit and run case.
What is the effect of a hit and run conviction on my California driver’s license?
A hit and run conviction in California can have a significant impact on a person’s driver’s license. The California Department of Motor Vehicles (DMV) can suspend or revoke a person’s driver’s license as a result of a hit and run conviction. The length of the suspension or revocation will depend on the specific circumstances of the case, but it can range from several months to several years.
Additionally, a hit and run conviction can result in points being added to a person’s driving record. Accumulating too many points on a driving record can result in a license suspension or revocation.
It is important to note that the consequences of a hit and run conviction on a person’s driver’s license can vary depending on the specific circumstances of the case and the discretion of the DMV. An experienced attorney can advise on the potential consequences of a hit and run conviction on a person’s driver’s license.
If convicted of hit-and-run, California department of motor vehicles could also suspend your driver’s license. DMV could revoke your license if the accident involved death or serious bodily injury.
What if I commit hit and run while under the influence of drugs or alcohol in California?
If you commit a hit and run while under the influence of drugs or alcohol in California, the penalties can be significantly increased. In this situation, the hit and run charges would likely be elevated to a felony and carry more severe criminal penalties.
Under California law, driving under the influence of drugs or alcohol is a crime that is separate from hit and run. If you are convicted of both hit and run and driving under the influence, you could face significant fines, imprisonment, and a license suspension or revocation.
Additionally, a hit and run conviction while under the influence of drugs or alcohol can have serious long-term consequences, including a criminal record, increased insurance rates, and difficulty finding employment.
Call Now for a free case analysis 213-252-1000
It is important to seek the advice of an experienced criminal defense attorney if you have been charged with hit and run while under the influence of drugs or alcohol in California. An attorney can advise on the specific penalties you may face and the best defense strategy for your case.
Often times, a driver leaves the scene of an accident attempting to avoid jail time because they are on probation, or because they think they might be driving under the influence of alcohol. So, they leave the location in an attempt to avoid more serious charges. This often causes more damage and only results in additional charges against the driver.
It is, however, true that DUI combined with hit-and-run is far more serious and absolutely requires the help of an experienced criminal lawyer knowledgeable about DUI and hit-and-run matters in Los Angeles county.
Los Angeles Hit-and-Run Criminal Lawyer
