FAIRFAX HIT AND RUN LAWYER
If you or a loved one have been charged with a hit-and-run criminal traffic charge. I can help, as an experienced Fairfax Hit and Run Lawyer, I can fight your charges in court and defend your legal rights.
read below penalties and defenses of hit-and-run charges to include accidents
Overview of the Law governing a Hit and Run
In Fairfax, it is illegal to leave an accident without following the proper protocol set in the laws.
Depending on your case and the circumstances surrounding it, the charge may be considered either a misdemeanor or a felony offense.
A hit and run is a criminal offense that’s defined as intentionally leaving the scene of an accident without leaving any proper contact information for the other driver.
One of the most common reasons that drivers leave the scene of the accident is due to the fear of being arrested when the police arrive at the scene.
According to the Virginia Code §46.2-894, a driver is required to stop at the scene of an accident that results in any property damage or personal injury and provide contact and vehicle information to the other driver or injured victims, custodians of damaged property, or any law enforcement.
State law has specific regulations on accidents that involve the conduct of both the drivers involved in the accident.
They both are required to pull over and provide one another with accurate contact information.
If there has been an injury or the driver has been killed, the other driver must report immediately or offer assistance to the other driver.
Both drivers are required to exchange information such as insurance and phone number, even if there was no damage caused to the property.
Moreover, in a case where a passenger present in the vehicle, may also be charged with a hit-and-run in the event they are aware, the driver failed to report the accident, and they also failed to do so.
Penalties for a Hit and Run Conviction
If you or a loved one are involved in an accident and fail to report it or check on the other driver, you will most likely be charged with a hit-and-run.
The charge depends on what caused the accident and the extent of injury and damage.
Whether you may be charged with a misdemeanor or felony hit-and-run depends on the amount of property damage.
If the damage is over $1,000 or if the accident resulted in the injury and death of the other driver, you will be charged with the Class 5 felony. The penalty for a felony hit and run is up to 10 years in prison along with a fine of $2,500.
In contrast, any property damage less than $1,000 will be charged as a misdemeanor hit-and-run.
The penalty for a Class 1 misdemeanor leads to a potential jail time of up to 12 months or a fine up to $2,500, depending upon the seriousness of the injury and damage.
In such a case, contact an experienced Fairfax Hit and Run attorney at the earliest.
Defenses for a Hit and Run Charge
The burden is on the prosecution to prove the defendant was the driver and caused injury and damage to the property.
The prosecution must also prove the defendant knew or should have known that there was an injury or damage, yet failed to stop and report.
Normally, when a person does not stop at the scene of the accident, the identification of the driver of that vehicle becomes crucial for the case.
In many cases, just because a vehicle is registered in a certain person’s name does not mean they were the person behind the vehicle.
Therefore, the most significant defense is that you were not driving the vehicle that was involved in the hit and run accident.
Why Should you hire a Fairfax Hit and Run Lawyer?
Hit and run charges in Fairfax are serious charges.
Regardless of the severity of the accident, leaving the accident can bring severe lifelong consequences upon you.
Therefore, it is encouraged to contact an experienced Fairfax Hit and Run Lawyer who will be able to explain what exactly you may be charged with and prepare a good defense for your case.
The attorneys here at the American Lawyers Group have years of experience handling thousands of cases and providing strong and effective representation to their clients.
Contact us today if you or a loved one are facing such charges.