How Wallin & Klarich Can Successfully Fight A Hit-And-Run Charge For You - Vehicle Code Sections 20001, 20002
Facing a felony hit-and-run charge in California can be a life-altering experience. This comprehensive guide aims to help you understand the complexities of such a charge, the steps you need to take, and how to build a strong defense. Whether you are newly accused or already in the midst of legal proceedings, this blog is designed to offer practical insights to guide you through this challenging time.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
Understanding Felony Hit-and-Run Charges
In California, a hit-and-run becomes a felony when there is significant injury or death involved. Unlike a misdemeanor, which may involve property damage, a felony hit-and-run comes with more severe penalties and legal implications. Knowing the difference can be crucial for your defense.
Legal Implications
Being accused of a felony hit-and-run means you are alleged to have left the scene of an accident where someone was injured or killed. This is taken very seriously by the courts, and understanding the legal landscape is the first step in preparing your defense. Felony charges not only carry higher penalties but also have long-lasting effects on your life, including potential imprisonment, fines, and a criminal record that could affect future employment opportunities.
Hit-and-Run California Vehicle Code Sections
In California, the legal framework governing hit-and-run incidents is outlined in California Vehicle Code Section 20001. This statute differentiates between two types of hit-and-run: one involving injury or death and another involving only property damage.
Key Provisions
- Felony Hit and Run: According to Section 20001(a), if a driver is involved in an accident that results in injury or death to another person, they are required to stop at the scene and provide their contact information and vehicle details. Failing to do so can result in felony charges, punishable by imprisonment and substantial fines.
A felony hit-and-run conviction in California can result in severe penalties:
- Imprisonment: You could face up to four years in state prison.
- Fines: Fines can go up to $10,000.
- Probation: In some cases, probation may be granted in lieu of imprisonment.
Understanding these penalties can help you grasp the gravity of the situation and why immediate action is necessary.
- Misdemeanor Hit and Run: Under Section 20002, if the accident involves only property damage, the driver must stop and exchange information or report the incident. Failing to comply may lead to misdemeanor charges, which can also carry penalties, though typically less severe than those for felony charges.
A misdemeanor hit-and-run charge typically carries less severe consequences than a felony, yet it can still have significant implications. Under California Vehicle Code Section 20002, the penalties for a misdemeanor hit-and-run can include:
- Fines: Individuals convicted of misdemeanor hit-and-run may face fines up to $1,000. The court can impose this fine based on the circumstances surrounding the incident and the defendant's prior record.
- Jail Time: A conviction can result in imprisonment in a county jail for up to six months. The duration may vary depending on the specifics of the case and any prior offenses.
- Probation: Instead of, or in addition to, jail time, the court may impose probation. This can involve regular check-ins with a probation officer, community service, or completing a designated number of hours of traffic school.
- Restitution: The court may order you to pay restitution to cover the damages caused by the incident. This can include repair costs or other related expenses incurred by the property owner.
Additionally, the passing of California AB 184 increased the statute of limitations for hit and run charges. Now, the prosecution has 6 years from the time of the incident to file charges against you. Understanding these legal distinctions is crucial for anyone facing potential hit-and-run charges, as the consequences vary significantly based on the specifics of the incident. If accused, consulting an experienced criminal defense attorney familiar with California law can provide guidance on navigating these charges effectively.
Hit-and-Run Charge Defenses
When facing hit-and-run charges, it is crucial to explore all possible defenses that may help in mitigating or dismissing the case. Here are some common defenses that may be applicable:
Lack of Intent
One potential defense is demonstrating that there was no intent to evade responsibility. For example, if a driver left the scene believing it was safe or necessary to seek help—such as obtaining medical assistance for an injury—they may argue that they did not knowingly commit a hit-and-run.
Driver Unawareness
If an accused individual can provide evidence that they were unaware an accident had occurred, this may serve as a strong defense. This could involve scenarios where minor collisions or damage were not immediately noticeable to the driver.
Mechanical Failure
In cases where the vehicle experienced a sudden mechanical failure, leading to the accident, you and your criminal defense attorney may argue that they were unable to stop or render aid due to unforeseen circumstances beyond their control.
Insufficient Evidence
Challenging the evidence against an accused individual is another viable defense strategy. If the prosecution cannot provide solid proof linking the driver to the accident, such as eyewitness testimony or video footage, the case may be weakened significantly.
Mistaken Identity
There may be instances where the accused was misidentified as the driver involved in the hit-and-run incident. If credible alibi witnesses can confirm that the accused individual was not present at the scene, this defense may prevent a conviction.
Seeking Experienced Legal Guidance
Navigating the complexities of hit-and-run charges often requires professional legal assistance. A knowledgeable criminal defense attorney can evaluate the specific circumstances of the case, craft a tailored defense strategy, and advocate on behalf of the accused individual throughout the legal process.
Contact Wallin & Klarich Today
If you are facing a hit-and-run charge, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between your case being dismissed and a jail or prison sentence. Let our skilled attorneys examine your case to find the best way to defend you successfully. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.
Email Us