Being charged with hit and run in Southern California can turn an innocent traffic accident into a serious felony charge. In some cases, a defendant may not even realize an accident has occurred. In other cases, lack of a driver’s license, drunk driving, driving without insurance or immigration status may cause someone to leave the scene of a crash.

Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing hit-and-run charges throughout Orange and Los Angeles counties.

Under California Law (Vehicle Code 20001VC), it’s a misdemeanor or felony crime to leave the scene of an accident you were involved in without providing the other party with your identification and other necessary assistance. You are required to comply with the law even if the accident is not your fault.

When a death occurs, the law also requires that local law enforcement or the California Highway Patrol be notified.

• Misdemeanor Hit-and-Run: Property damage accidents.
• Felony Hit-and-Run: A felony charge may be filed if personal injury results to someone other than the driver who fled the scene.

If an accident results in injury or death, a party must stop immediately, provide identification to all parties involved in the accident or to authorities, provide reasonable assistance, and provide identifying information, including current residential address and vehicle registration information.

The penalties faced by those facing felony hit-and-run charges in Southern California may be influenced by a number of factors, including the extent of injury and how many victims are involved in the accident. Whether alcohol is involved, whether a defendant made attempts to provide aid to the victim and a defendant’s driving record may also play a part in what charges are filed by the state.

When an accident occurs, and a driver flees the scene in panic, contacting an Orange County criminal defense attorney can sometimes help mitigate the damage. Seeking qualified legal advice before charges or an arrest is made will provide you with the best chance for a successful outcome.

In order to prove felony hit-and-run charges, the state must prove that you were involved in an accident involving injury or death, that you knew the accident occurred and that you knew the accident probably caused serious or fatal injuries.

Defenses include mistaken identity and lack of knowledge. If you didn’t know you were involved in an accident, you can’t be convicted of hit-and-run under California law. If it’s unsafe to stop, you may also have a defense against hit-and-run.

Challenging injury may also provide defense. In cases where the fleeing driver is the only one injured, he or she should not be charged with felony hit-and run.

Those convicted can face up to $10,000 in fines and three years in prison. Restitution may also be required. A hit-and-run conviction will also result in points on your license.

If you are facing charges of hit-and-run in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights.