Fleeing a car accident happens in about 25 percent of crashes. You may have looked the scene over and decided there was property damage, but the other driver is unharmed. Your reasons might be self-protective if you had a drink or two.
Fleeing is unfortunate because what would have been a traffic citation is now a criminal charge with harsh penalties. Most hit-and-runs result in property damage, but if someone is hurt, state law requires you to help them. We understand the confusion and fear surrounding sudden accidents and their aftermath. One of our knowledgeable Attorneys can explain hit-and-run penalties in Delray Beach if you were involved in one.
What is a Hit-and-Run?
Under Florida Statute § 316.062, a driver must stop after an accident with injuries and provide certain information and aid. Failing to do so can result in criminal charges. Prosecutors must prove all elements of the charges beyond a reasonable doubt, which means there is no other plausible explanation for the accident than the one they present. Generally, the Prosecutor must prove:
- The defendant was driving a vehicle, and a crash occurred
- The crash resulted in property damage, injury, or death of another motorist
- The defendant driver willfully did not stop at the accident scene and provide personal information
- The defendant did not arrange for medical help if other motorists were injured
- The defendant failed to report the crash and supply details to Law Enforcement if another injured motorist was unable to exchange personal information
Motorists charged with hit-and-runs in Delray Beach face harsh penalties. They should consult a tenacious Attorney to explore their options, tell their side of the story, and prepare a plausible defense.
Penalties for Fleeing an Accident
The penalties for fleeing an accident depend on how much property damage occurred and how severe the injuries are to the other driver and passengers. Fleeing motorists can face a second-degree Misdemeanor if there is property damage. A court can sentence an individual to up to 60 days in county Jail, six months of probation, and possible fines of up to $500.
If a person is injured because of the accident the defendant fled, a court will charge the defendant with a third-degree Felony punishable upon conviction by up to five years in state Prison, five years of probation, and a possible fine of up to $5,000.
If serious bodily injury occurs because of an accident the defendant fled, the charge escalates to a second-degree Felony, punishable by up to 15 years in prison, 15 years of probation, and a possible fine of up to $10,000. The state defines serious bodily injury as one that risks death, disfigurement, loss of a bodily function such as paralysis, or loss of an organ.
A court will charge a motorist with a first-degree Felony for fleeing the scene when an accident results in death. Upon conviction, penalties include incarceration for up to 30 years, 15 years of probation, and fines of up to $10,000.
For all offenses, defendants’ can lose their driver’s licenses for at least three years.
Enhanced Penalties
The court can determine if a defendant is a habitual or violent Felony offender under Fla. Stat. § 775.084 if the defendant exacerbated the injured party’s harm by not reporting the accident or if the other party would not have died if the defendant had reported the accident. In any of those cases, an individual can face enhanced penalties. A person should consult a criminal defense Attorney in Delray Beach to advocate for them because of the severity of the punishments after a hit-and-run accident.
Hit-and-Run Penalties in Delray Beach Require a Determined Defense Attorney
Sometimes, we all make poor choices, and fleeing the scene of an accident is one, but it does not have to be the act that defines you. You deserve representation in the courtroom if you are charged. You are entitled to a credible defense and a determined advocate to fight for you.
When you are charged with fleeing the scene of an accident, a Felony if someone is hurt or killed, contact Leifert & Leifert for help. Your future may depend on quality representation to fight against the harsh hit-and-run penalties in Delray Beach. Let our experience work for you.