When a person involved in a car accident decides to flee the scene of the incident, the authorities have the power to take legal measures against this behavior. It is essential to understand that, in many cases, the police need to arrive at the scene of the accident to determine who is responsible and, if necessary, proceed with an arrest in accordance with the law.
In car accident situations, it is important to follow proper procedure and wait for authorities to arrive at the scene to conduct the appropriate investigation. This ensures that due legal process is followed and the liability of the parties involved in the accident is properly determined, thus avoiding the commission of the crime of hit and run.
It is essential to understand the importance of hiring a defense attorney in hit and run crime cases. When someone is involved in a car accident and decides to leave the scene, authorities have the responsibility to take legal action, regardless of the severity of the incident.
In these cases, it is essential that those involved report the accident to the competent authorities, who will determine whether arrest is warranted and whether a trial should be held with appropriate legal representation. Under California law, all citizens have the right to defend themselves against hit and run charges. However, having an experienced defense attorney is highly recommended to ensure a strong defense in compliance with the California criminal code.
The role of a defense attorney is to defend the defendant from the crime of hit and run, establishing an effective legal strategy. Prosecutors must prove beyond a reasonable doubt that the person in charge of the vehicle was involved in a collision, knew about the accident and left the scene, and was aware of any injuries or damage caused. Additionally, they must demonstrate that the obligations established in Vehicle Code § 20001 were not met.
In hit and run cases, police have the authority to stop the vehicle and locate the person responsible who left the scene. Upon finding the owner, the police can proceed with the arrest to await the corresponding trial. The person responsible for the accident is obliged to comply with all sanctions and fines issued by the court.
It is crucial to note that if the accident did not result in significant injuries or property damage, legal defenses can be argued that allow the defendant to go free or receive a less severe penalty. This includes proving that the accused person was not behind the wheel at the time of the accident, was a passenger, or was unaware of the collision.
As for the penalties for the crime of hit and run in California, they vary depending on the magnitude of the case. The judge can impose penalties ranging from one year in prison and a fine of up to ten thousand dollars for minor crimes involving minor property damage, up to four years in prison and a fine of ten thousand dollars in serious cases that result in the death of a person or serious injury. The California CHP police investigation also plays a crucial role in these cases, supporting the legal arguments presented by both sides.
How Can You Be Charged with “Hit and Run” in California?
The California vehicle code is highly specific in establishing that any citizen who is involved in a vehicle accident, regardless of whether or not he is responsible for it, is legally required to comply with a series of requirements. These include stopping the vehicle safely, exchanging required information with other involved parties, offering assistance to potential victims during the incident, and awaiting the arrival of relevant authorities, such as police or members of the California Highway Patrol Department. .
Therefore, if you have experienced or been involved in a crash, even if no injuries or significant damage were reported during the collision, it is essential to remain at the scene where the accident occurred. This is done for the purpose of properly verifying and documenting the details of the incident, thus avoiding facing "Hit and Run" charges. This measure reflects the commitment to compliance with road laws and civic responsibility in traffic situations.
What are the charges for hit and run while under the influence of alcohol or drugs?
In the event that the "Hit and Run" conduct is related to driving under the influence of alcohol or other substances (DUI), the charges the defendant will face. accused acquire greater seriousness, since they would involve several accusations against him. In such a situation, the individual faces DUI charges, “Hit and Run” charges, and possible additional charges if there are injuries or fatalities as a result of the accident.
“Hit and run” situations aggravated by DUI, particularly when they cause injury or loss of life, are classified as serious crimes and are classified as violent crimes, even in the case of a first offense. If convicted, the defendant could face penalties including up to 4 years in prison in a state institution and a fine of up to $10,000. It is relevant to note that repeated offenses carry even more severe consequences, underscoring the importance of understanding the seriousness of these actions and their legal implications.
Hit and Run Classified as a Misdemeanor
"Hit and run" may be considered a misdemeanor when only property or property damage is caused, with no injuries or fatalities involved. Penalties for this violation could include up to 6 months in prison, probation of up to 3 years, financial responsibility for the damages caused, fines of around $1,000 dollars and the addition of 2 points on the driving record.
The California Vehicle Code (Section 20002) sets out the actions required if a person causes property damage in a crash:
- Stop the vehicle immediately in a safe place.
- Locate the owner of the affected property.
- Present your driver's license and vehicle registration.
- Provide your personal information, including name, address and contact information.
- If the owner is not present, leave a note with the information and notify the police.
It is essential to comply with these steps and, if you face charges, seek appropriate legal advice to defend your rights.
How to Defend Misdemeanor Hit and Run Crimes?
There are several strategies for an effective defense against the crime of "hit and run", considered a misdemeanor. The choice of strategy will depend on the particular circumstances of the accident, the resulting damages, and how the situation was handled. Our lawyers can defend your case in the following ways:
- Demonstrate the absence of property damage: If the damage is limited to your vehicle and does not affect other vehicles or property, we can prove that there was no significant damage.
- Argue lack of identification: Prosecutors must clearly identify the driver responsible for the accident. In many cases, they lack sufficient evidence, which can be challenged.
- Alleging unsafe stopping: In situations where stopping on a highway is unsafe, we could argue that there was no intention to flee.
Since each collision case is unique, we recommend that you provide us with specific details so that our attorneys can develop a strong and effective defense that is tailored to your particular circumstances.
Hit and Run Classified as a Felony
The crime of "hit and run" is considered a serious crime in cases where physical harm, injuries, wounds or fatal consequences occur as a result of the accident. Possible penalties for this felony include:
- Face a sentence of 3 to 4 years in state prison, depending on the severity of the injuries caused.
- Pay a fine ranging between $1,000 and $10,000.
- Be financially responsible for the damages caused.
- Accumulate 2 points on your driving record.
If you are involved in an accident with physical injuries, injuries or fatal consequences, California law clearly states the actions you must take immediately:
- Stop the vehicle safely immediately.
- Present your driver's license and vehicle registration to other drivers and authorities present at the scene.
- Provide basic assistance to injured people, either by requesting medical attention, contacting emergency services or, if necessary, taking the injured person to receive medical attention.
- If fatal consequences occur and there is no police presence on the scene, you should immediately contact the California Highway Patrol or your local police department.
Failure to do any of these actions can result in charges of “hit and run,” considered a felony in California.
How to Defend Felony Hit and Run Crimes?
The defense in felony hit-and-run cases is similar to that of a misdemeanor, but requires greater attention to detail due to the more serious consequences the defendant may face.
When pursuing a felony hit-and-run defense, it is essential to carefully review the specific circumstances of the accident and attempt to demonstrate:
- That the prosecutor was unable to fully identify the driver of the vehicle.
- That there were no injuries or injuries as a result of the accident.
- That you were not aware of the occurrence of the accident.
- That you were not the driver of the vehicle involved.
If you are under investigation for hit and run, please do not hesitate to contact us. Our lawyers can help you develop a solid and appropriate defense strategy for your case.
What happens if I crash a car that is not mine?
In California, if you are involved in an accident while driving a vehicle that is not yours, you must provide the vehicle's registered owner, as well as your personal information, driver's license, and insurance details to the parties involved and authorities. If you have the owner's permission to drive the vehicle, insurance companies will likely cover your costs in the event of an accident.
