Fort Myers Leaving the Scene of a Crime or Accident Attorney
Leaving the scene of an accident, commonly referred to as “hit and run,” is a serious offense under Florida law. If you are involved in an accident, Florida law mandates that you stop, provide your information, and render aid if necessary. Failing to do so can lead to severe criminal penalties, especially if the accident resulted in injury or death. Hollander & Hanuka Attorneys at Law represents individuals facing these serious charges in Fort Myers and surrounding areas. Let us help you understand the nature of the charges against you and the possible defenses available so you can make an informed decision regarding your best path forward. Contact our dedicated Fort Myers criminal defense lawyers today.
Florida Statutes on Leaving the Scene of an Accident
Florida law separates leaving the scene of an accident into different categories based on the severity of the incident. Under Florida Statutes 316.061 and 316.027, the penalties for leaving the scene vary depending on whether the accident caused property damage, injury, or death.
1. Leaving the Scene of an Accident Involving Property Damage (Florida Statute 316.061)
If you leave the scene of an accident that resulted only in property damage, you are required to stop your vehicle as close to the scene as possible, provide your contact information to the other parties involved, and report the accident to law enforcement. Failure to do so can result in misdemeanor charges. Leaving the scene of an accident without injury is classified as a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of $500.
2. Leaving the Scene of an Accident Involving Injury or Death (Florida Statute 316.027)
When an accident results in bodily injury or death, the consequences of leaving the scene become significantly more severe. Florida law imposes stricter penalties on those who flee the scene under these circumstances. Leaving the scene of an accident that causes injury is a third-degree felony. If convicted, penalties include up to five years in prison, five years of probation, and a $5,000 fine.
If the accident results in the death of another person, leaving the scene elevates the charge to a first-degree felony. A conviction carries severe penalties, including up to 30 years in prison and a $10,000 fine.
In addition to these penalties, a driver convicted of leaving the scene of an accident involving injury or death may face a mandatory driver’s license revocation for a minimum of three years.
Leaving the Scene of a Crime
Another related offense involves fleeing or eluding law enforcement officers. This crime is governed by Florida Statute 316.1935. If a driver attempts to avoid law enforcement by not stopping when ordered to pull over or by fleeing after stopping, they can face felony charges. The penalties increase if the person’s actions result in injury, death, or property damage.
Basic fleeing or eluding is a third-degree felony, punishable by up to five years in prison. Fleeing or eluding with lights and sirens activated is a second-degree felony, punishable by up to 15 years in prison. Fleeing or eluding where injury or death is involved is a first-degree felony, punishable by up to 30 years in prison.
Elements of the Offense of Leaving the Scene of a Crime or Accident
To secure a conviction of leaving the scene of an accident, the prosecution must prove certain elements beyond a reasonable doubt. These elements include:
- The defendant was involved in an accident.
- The accident caused property damage, injury, or death.
- The defendant willfully left the scene without providing the required information or aid.
- The defendant was aware or should have been aware of the accident.
For fleeing or eluding, the prosecution must show that the defendant willfully fled or attempted to flee from law enforcement and also that the defendant knew that the officer was attempting to pull them over with lights and sirens activated.
Defenses Against Charges of Leaving the Scene of a Crime or Accident
Several defenses may be available in leaving the scene or fleeing and eluding cases. Some common defenses include:
- Lack of Knowledge: The defendant may not have realized an accident occurred, especially in minor collisions.
- Involuntary Reaction: The defendant may have left the scene due to fear or confusion.
- Medical Emergency: A medical emergency may justify the failure to stop and render aid.
- Mistaken Identity: In fleeing or eluding cases, the defense may argue that the prosecution has misidentified the defendant.
A skilled criminal defense attorney can help by investigating the details of the case and identifying the best possible defense based on the facts.
How Hollander & Hanuka Can Help
If you have been accused of leaving the scene of an accident or fleeing and eluding, Hollander & Hanuka Attorneys at Law can provide a strong defense to protect your rights. We will thoroughly examine all evidence to identify inconsistencies or weaknesses in the prosecution’s case and challenge the evidence accordingly. In many cases, we can negotiate with prosecutors to have the charges reduced or dismissed altogether. Whether through plea bargaining or taking the case to trial, we work tirelessly to secure the best possible result for our clients, including avoiding jail time through probation or other alternatives.
Contact Us Today
Contact Hollander & Hanuka Attorneys at Law today to discuss your case and learn how we can help you navigate the legal process. With our expertise in criminal defense, we will fight to protect your rights and your future.