How To Defend Against Hit-and-Run Criminal Charges in Florida

Protecting Your Rights and Future After a Hit-and-Run Charge

Facing a hit-and-run charge in Florida is a daunting experience that can lead to serious legal consequences. Florida law requires drivers involved in an accident to remain at the scene, exchange information, and provide aid if necessary. When someone leaves the scene of an accident, it is considered a hit-and-run, and the penalties can be severe, ranging from fines to lengthy jail sentences depending on the circumstances. If you or someone you know is facing these charges, understanding how to defend yourself is crucial.

As a Florida criminal defense attorney, I’ve helped many individuals facing hit-and-run charges by working through the legal complexities and creating strategies that aim to reduce or eliminate these charges. Let's break down the key issues you’ll need to know and how hiring the right defense team can make all the difference.

What Constitutes a Hit-and-Run in Florida?

Under Florida Statutes Section 316.061, a hit-and-run occurs when a driver is involved in an accident and leaves the scene without fulfilling the legal requirements. These requirements include:

• Stopping immediately at the scene of the accident.
• Providing your name, address, and vehicle registration number to the other party.
• Rendering reasonable assistance to anyone injured, which may involve calling emergency services.

The statute applies whether the accident involves another vehicle, a pedestrian, or even property, such as hitting a mailbox or fence. Failing to meet these obligations can result in criminal charges, even if the driver was not at fault for the accident itself.

Penalties for Hit-and-Run in Florida

The penalties for hit-and-run charges in Florida vary based on the severity of the accident and whether there was any property damage, injury, or death involved. These penalties can range from misdemeanor to felony charges.

• Hit-and-Run with Property Damage: This is a second-degree misdemeanor under Florida law. A conviction can result in up to 60 days in jail, six months of probation, and a fine of up to $500.

• Hit-and-Run with Injury: If the accident caused injury to another person, the charge becomes a third-degree felony. This is punishable by up to five years in prison, five years of probation, and a fine of up to $5,000.

• Hit-and-Run with Serious Bodily Injury: When the accident results in serious bodily injury, the charge is upgraded to a second-degree felony. A conviction can result in up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.

• Hit-and-Run with Fatality: The most severe charge is when a hit-and-run accident results in someone’s death. This is a first-degree felony, which carries a potential sentence of up to 30 years in prison, a mandatory minimum sentence of four years, and a fine of up to $10,000.

These penalties demonstrate how serious Florida treats hit-and-run offenses. The ramifications of a conviction go beyond jail time or fines—they can impact your ability to drive, secure employment, or obtain housing.

Defenses to Hit-and-Run Charges

While hit-and-run charges are serious, there are valid defenses that can be used to fight the allegations. The success of these defenses depends on the specifics of your case, but here are some common strategies I’ve used to defend clients facing hit-and-run charges.

Lack of Knowledge: In some cases, a driver may not have realized that they were involved in an accident. This can happen, for example, in minor fender benders where the impact was so slight that the driver did not perceive any damage. If we can demonstrate that you were unaware of the collision, this may help reduce or dismiss the charges.

No Willful Intent to Flee: Hit-and-run laws require that the driver knowingly and willfully left the scene of an accident. If you were unable to stop due to safety concerns (for instance, if the other party was acting aggressively or the area was unsafe), this could be a defense to the charge. In these cases, contacting law enforcement as soon as it is safe to do so can also be crucial to your defense.

Emergency or Medical Situation: If a driver was experiencing a medical emergency at the time of the accident, it might be argued that they were not in a state of mind to properly respond to the accident. Documenting any medical issues that contributed to the incident can be a vital defense.

Mistaken Identity: In some cases, the wrong person may be accused of a hit-and-run, especially if there are no eyewitnesses or surveillance footage. This can happen when vehicles are misidentified, or when someone else was driving your car without your knowledge.

How a Private Attorney Can Make a Difference

When facing a hit-and-run charge, hiring a private attorney can make a significant difference in the outcome of your case. While public defenders work hard to protect their clients, they often carry heavy caseloads and may not have the time or resources to provide the detailed attention that a hit-and-run case demands.

A private attorney brings several advantages to your defense:

• Focused Attention: With fewer cases to handle, a private attorney can focus more time and energy on your case, carefully reviewing every detail, from the police report to eyewitness accounts and any available video footage.

• Negotiation Skills: A skilled attorney can negotiate with prosecutors to reduce the charges or pursue alternative sentencing options. In many cases, a first-time offender can avoid jail time through charge mitigation, such as agreeing to pay restitution or completing community service.

• Personalized Defense Strategies: Every case is unique, and a private attorney can develop a defense strategy tailored to your specific circumstances. Whether it’s challenging the evidence or demonstrating that you had a valid reason for leaving the scene, an experienced attorney will work to protect your criminal record and minimize other consequences.

Reducing Charges and Mitigating Penalties

In hit-and-run cases, mitigating the charges can be key to avoiding jail time and long-term damage to your criminal record. Some ways that our legal team can help include:

• Seeking a Reduction in Charges: In cases where the evidence against you is not overwhelming, we may be able to negotiate a reduction of the charges from a felony to a misdemeanor. This can significantly reduce the penalties you face, including potential jail time.

• Fighting for Alternatives to Jail Time: Even if a conviction is unavoidable, our goal is to keep you out of jail. We can work to secure alternative sentencing options, such as probation, community service, or participation in a pre-trial diversion program, particularly if this is your first offense.

• Protecting Your Criminal Record: A hit-and-run conviction can affect your ability to find employment, secure housing, and more. We will explore all available options to either have the charges dismissed or, if convicted, pursue options to seal or expunge your record down the road.

Hiring the right attorney can make all the difference in beating or reducing your hit-and-run charge. With the right defense strategy, it is possible to protect your future and minimize the impact of these serious charges.

Florida Hit-and-Run Criminal Charges FAQs

What should I do if I didn’t know I was involved in an accident?

In some cases, you may not realize you were involved in an accident, especially if the impact was minor. If you are facing charges under these circumstances, it’s important to contact an attorney immediately. Your defense may center on the lack of knowledge, as Florida law requires that a driver knowingly leaves the scene for a hit-and-run charge to be valid.

Can I avoid jail time if I’m convicted of a hit-and-run?

Yes, it is possible to avoid jail time, particularly for first-time offenders or cases that do not involve serious injury or death. Your attorney can negotiate for alternatives, such as probation, community service, or a diversion program, which can help you avoid a lengthy prison sentence.

What are the penalties for a hit-and-run involving property damage?

If you are involved in a hit-and-run where there is only property damage and no injuries, it is considered a second-degree misdemeanor. This can result in up to 60 days in jail, six months of probation, and a fine of up to $500. However, a skilled defense attorney may be able to help reduce or eliminate these penalties.

How long will a hit-and-run conviction stay on my record?

A hit-and-run conviction will stay on your criminal record permanently unless you are able to have it sealed or expunged. This is one reason why it’s important to work with an attorney who can help you explore options to avoid a conviction or to clear your record after a certain period of time.

Can I be charged with a hit-and-run if no one was injured?

Yes, even if no one was injured, you can still be charged with a hit-and-run if you leave the scene of an accident without exchanging information or reporting the incident. In these cases, the charge is typically less severe than a hit-and-run involving injury, but you could still face jail time and fines.

Call to Action

If you are facing hit-and-run charges in Florida, don’t wait to get help. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.

Call Us 24/7/265 for your FREE Consultation

If you are facing hit-and-run charges in Florida, don’t wait to get help. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.