Hit and Run Felony Defense

Hit & Run Felony Offenses

Oakland Traffic Violation Lawyers

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. To be convicted of felony hit and run, however, the prosecutor must prove certain elements beyond a reasonable doubt.

These elements include:

  • That you were involved in an accident
  • That the accident resulted in injury or death to another person
  • That you knew an accident occurred
  • That you were aware or had reason to believe that injuries or death occurred
  • That you willfully fled the scene or failed to perform required duties

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.

For example:
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.

Penalties for Felony Hit and Run

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:

  • Felony conviction
  • 16 months, 2 years, or 3 years in California State Prison
  • Restitution to the victim
  • Up to $10,000 fines
  • Up to 2 points on your driving record
  • Up to 4 years in California State Prison if the hit and run resulted in death
  • Possible additional vehicular manslaughter charges

Defenses Against Felony Hit and Run

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.

For example:
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 altogether. 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 our firm today at (510) 907-6600 to set up a free review of your case. We proudly help clients in Oakland, Berkeley, Richmond, Concord, and the surrounding areas!

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