In the State of California, you have a duty to remain at the scene of any accident, lend aid, notify the authorities, and provide your identifying information. Even if you did not cause the accident, you cannot leave the scene or you could be charged with hit and run. If the accident led to another person's injuries or death, then the prosecutor could charge you with a felony hit and run.
If you are arrested and charged with a felony hit and run, your entire future is at stake. In order to be convicted of felony hit and run, however, the prosecutor must prove the following elements beyond a reasonable doubt:
If you failed to provide your information or failed to lend aid to the injured victims, then you could be found guilty of felony hit and run—even if you are not to blame in the accident.
It is also important to note that being involved in an accident does not necessarily mean that you have to make contact with another vehicle. If your driving contributed to a collision, then you are required to remain on the scene.
Ed was running late for work one Friday morning. As he approached an intersection, Ed gunned it through a red light, causing a motorcyclist to lay his bike down and collide with a tree. Ed realized that the motorcyclist crashed, but since he did not hit the motorcyclist, Ed continued on his way to work. Ed could be charged with felony hit and run because his actions led to an accident and he failed to remain at the scene and lend aid.
If you are found guilty of a felony hit and run in Oakland or anywhere in the State of California, you face serious consequences and penalties, including:
There are numerous defenses your Oakland hit and run attorney can employ to have your felony hit and run charges reduced to misdemeanor charges or dismissed completely. If you weren't driving your vehicle at the time of the accident, then your attorney could use this as a possible defense. In addition, if you were unaware that you were involved in an accident or unaware that your accident caused any injuries you may be able to have the charges dismissed.
Jim was arrested and charged with felony hit and run for leaving the scene of a fatal accident a few nights earlier. Upon further investigation, his Oakland hit and run defense lawyer discovered that Jim was not driving his car the night of the accident. He was able to have the charges against him dismissed all together. Without aggressive legal representation, Jim could've been convicted of a crime he did not commit.
Our criminal defense law firm serves clients in Oakland, San Francisco, Walnut Creek, and throughout the Bay Area. Call my firm today to set up a free review of your case.