Los Angeles Hit & Run
Hit and Run: Legal Ramifications in California
Hit and run accidents are considered serious crimes in California, and there are two variations of such crimes, making it essential to understand the laws and consequences. In California, it is possible to be charged with a hit and run misdemeanor or a hit and run felony. Vehicle Code 20001 refers to the latter, which involves automobile accidents that result in injury or death, while Vehicle Code 20002 pertains to accidents resulting in property damage.
Misdemeanor Hit and Run
While a misdemeanor charge is the result of property damage, a felony hit and run charge is given when the accident results in injury or death. Irrespective of who was at fault or the type of damages, such laws apply to all car accidents. A person may be charged with a misdemeanor hit and run when they leave the scene of an accident following a fender-bender- when the other driver is at fault or if they leave the scene of an accident after hitting another individual’s property. Additionally, if an individual drives, creating an accident scene but is not physically involved in a collision, they may also face a misdemeanor hit and run charge.
Felony Hit and Run
Under Vehicle Code 20001, when the only individual injured in the accident is the passenger, an individual can be charged with a hit and run if the driver leaves the accident scene. Hence a person could face a felony hit and run charge in such an instance.
Penalties
Penalties for hit and run accidents vary depending on whether the charged crime is considered a misdemeanor or a felony. For a misdemeanor offense, the charged individual could be in jail for six months, in addition to a maximum fine of $1,000. In contrast, a felony hit and run offense can result in two to four years of state prison time and a $1,000 to $10,000 fine.
Hit and Run Defense
It is critical for individuals accused of a hit and run to seek legal counsel from experienced attorneys who can assist them in fighting the charges. Here are some ways experienced attorneys can fight a hit and run charge:
Establish Alibi Defense
One of the defense strategies is to prove that the accused individual was not driving the car at the time of the accident. In such a case, the defendant’s experienced attorneys can build a solid defense against a hit and run charge.
Lack of Knowledge Defense
Another possible defense strategy is proving that the accused individual had no knowledge of the accident’s aftermath, i.e., damage or injury. Such defense is crucial since an individual typically must be aware that a collision resulted in harm or damage to be convicted of a hit and run.
Involuntary Intoxication
Lastly, involuntary intoxication is yet another way to defend against hit and run charges. Involuntary intoxication refers to when an individual is not aware of being under the influence of intoxicating substances. For instance, if an individual takes the wrong prescription, it can impair their judgment and cause such a situation.
Conclusion
Hit and run charges can significantly alter an individual’s life, and the penalties vary depending on the charges leveled against the individual. Getting legal representation from experienced attorneys can help those accused of hit and run charges to prepare for and fight such charges. No matter the defense strategy used, having legal advice will make all the difference in fighting such charges.
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS