Have you been accused of leaving the scene of an accident that resulted in injury or death? You should know that the consequences of a conviction could be life-changing. Beyond potential prison time and steep fines, a conviction can lead to a permanent criminal record, license suspension, and long-term damage to your career and reputation. However, a charge is not the same as a conviction, and timely intervention can help you fight back to protect your rights.
The Law Offices of Justin E. Sterling is ready to step up on your behalf. Criminal defense lawyer Justin Sterling has helped clients throughout Los Angeles County fight back against felony charges. If you’re under investigation or have already been arrested for a felony hit-and-run, contact our firm today. Early legal representation may make the difference between prison time and a second chance.
Is a Hit-and-Run a Felony in California?
California Vehicle Code § 20001 defines a felony hit-and-run. This crime occurs when a driver is involved in a car accident that causes injury or death and leaves the scene without stopping to provide assistance or exchange information. All drivers have a legal duty to remain at the scene of a fatal or injury crash, regardless of who was at fault.
In contrast, a misdemeanor hit-and-run under Vehicle Code § 20002 occurs when the accident results in only property damage with no injuries.
Not every hit-and-run accident is charged as a felony. However, if someone other than yourself gets hurt, prosecutors may pursue felony charges. Furthermore, you do not have to know someone was injured to be charged with a felony. You may not even realize how severe the accident was, but if you leave the scene, you can be charged.
Consequences of a Felony Hit-and-Run Conviction in California
A conviction for a felony hit-and-run in California can lead to devastating legal and personal consequences.
The main penalties for felony hit-and-run include the following:
- Two, three, or four years in state prison
- Fines of up to $10,000
- Restitution to injured victims
Prosecutors will push for maximum sentences if you were speeding, driving under the influence of drugs or alcohol, or someone died as a result of their injuries.
Aside from the criminal penalties, a felony conviction brings a range of other legal consequences, such as the following:
- Potential driver’s license suspension
- Points added to your driving record
- Probation or parole, depending on the sentence
- A permanent criminal record
In addition to the legal penalties, a felony hit-and-run conviction can lead to serious collateral consequences. These often include a sharp increase in auto insurance premiums or even cancellation of coverage altogether. You may have difficulty finding or keeping a job. Anyone in a licensed profession could face suspension or revocation. Non-citizens may face immigration consequences, such as deportation.
Early intervention by an experienced defense attorney can make a big difference in your case outcome. Reach out to the Law Offices of Justin E. Sterling today to learn how we can help.
Common Defenses for Felony Hit-and-Run Charges
Felony hit-and-run charges don’t automatically guarantee a conviction. Every case is unique, and the outcome often depends on the specific facts, evidence, and quality of your legal representation. A skilled criminal defense lawyer can build a strong defense and fight to reduce or dismiss the charges.
Potential defenses in your felony hit-and-run case may include:
- Lack of knowledge that an accident occurred – If you were unaware that you made contact with another vehicle or person, that could be a valid defense.
- No knowledge of injury – The driver may have realized a motor vehicle accident occurred, but had no idea anyone was hurt.
- Only you were injured – If you were the only person injured in the crash, you don’t have a legal obligation to stay. However, you could be charged with misdemeanor hit-and-run if there was property damage.
- You left to seek help – If you briefly left the scene to call emergency services and returned, that may not be a hit-and-run.
- You didn’t voluntarily leave the scene – If you left the scene because it was unsafe to stay, your lawyer may be able to use that as a defense.
- Constitutional violations – An unlawful arrest, lack of probable cause, or improperly obtained evidence could result in key elements of a case being thrown out.
Your attorney can review your case and determine which defense is best for your unique circumstances. An experienced criminal defense lawyer can thoroughly review police reports, effectively cross-examine witnesses, and challenge forensic evidence.
The Legal Process for Felony Hit-and-Run Cases
After a hit-and-run accident, law enforcement will begin an investigation. If officers determine there is enough evidence that you left the scene of an accident involving injury or death, they may arrest you.
After the arrest, the next step is the arraignment. An arraignment is a court hearing where the charges are formally read, and you enter a plea of guilty or not guilty. At this stage, the judge may also set bail and impose conditions for release. Common conditions include travel restrictions or electronic monitoring.
Next, your case moves into the pretrial phase. This is where a defense attorney can file motions to suppress evidence or dismiss charges and negotiate with the prosecution. If the case proceeds to trial, both sides will present evidence and witnesses before a judge or jury. In many situations, a negotiated plea deal may offer a more favorable outcome than going to trial.
Having a knowledgeable criminal defense lawyer by your side at each stage of the process is key. Early intervention can sometimes prevent charges from being filed in the first place or lead to reduced charges before your first court appearance.
The Law Offices of Justin E. Sterling take a proactive approach for each client. Our firm can:
- Review the prosecution’s version of events
- Conduct a thorough, independent investigation
- Present exculpatory or mitigating evidence
- Negotiate with the district attorney to reduce or dismiss charges
- Seek alternatives to incarceration, such as diversion programs or probation
Our strategic defenses are designed to achieve the best possible outcome, whether that’s dismissal, lesser charges, acquittal, or alternative sentencing options.
Take the First Step Toward a Strong Defense. Contact a Criminal Defense Attorney Today
If you’re facing felony hit-and-run charges, you need to act quickly to protect your rights. Contact the Law Offices of Justin E. Sterling today for a free case review.