VIRGINIA HIT AND RUN LAWYER

If you or a loved one have been charged with a hit and run, contact our experienced Virginia hit and run Lawyer to help you fight your case in court.

read below how to fight hit and run charges in court

Most people think hit and run crimes have to be when a driver runs someone over and flees the scene.

However, most Virginia hit-and-run incidents are about property damage.

Hit and runs occur when a driver hits someone or someone else’s property and fails to report his name, address, vehicle registration, and driver’s license number, with the police or the person harmed by the accident.

Hit and Run Laws

Virginia charges hit and run under §§46.2-894 – 46.2-897 and §46.2-371. 

These charges range from misdemeanors to felonies depending on the severity of the damage to property and injury or death to others.  

• 46.2-895 imposes a duty on those 16 years or older who were in the car when the accident occurred or have knowledge of the accident to report the accident to the police within 24 hours of the accident with their information and the information of the driver that they know.
• 46.2-896 creates a duty for those who damage unattended vehicles or property while driving. 
• The driver must make reasonable efforts to find the owner of the property and report their name, address, and other required information to avoid a hit and run charge.  If the owner cannot be found, the driver must leave a note with sufficient information for the owner.  If the note is left, the driver must then also report to the police.  These reports must also include the date, time, and place as well.
• 46.2-897 creates a duty similar to §46.2-895 but for the damage of unattended property. 
• Those over the age of 16 with the driver or who know of the accident have to make a report of their name and information and the information of the driver to the best of their knowledge.

§46.2-371 makes it a class 4 misdemeanor for the driver involved in an accident that killed someone to willfully not make a report with the police.

Hit and Run Charges

The severity of the hit and run charge will vary depending on the value of the property damaged.

A hit and run will be a class 4 misdemeanor if the value of the property is less than $250. 

It is a class 1 misdemeanor if the value of the property is between $250 and $500. 

Hit and runs with greater levels of property damage or death are class 5 or 6 felonies depending on the law under which the charge is brought and the circumstances of the case

Hit and Run Penalties

Penalties for hit and run will vary depending on the charge pressed and the circumstances of the hit and run events.  

Hit and runs that qualify as a class 4 misdemeanor carry a $250 fine. 

If a hit and run qualify as a class 1 misdemeanor, the penalty will be up to a year in jail, up to 6 months of license suspension, and a fine of $2,500.  

Hit and run can also be a felony offense. 

Class 6 felony hit and runs carry up to a year in jail, up to 6 months of license suspension, and a fine of $2,500. 

Lastly, class 5 felony hit and run carry up to 10 years in jail, up to 6 months of license suspension, and a fine of $2,500.

Defenses to Hit and Run

Defenses to hit and run are some of the same defenses an attorney can bring to a criminal case. 

To prove their case, the commonwealth of Virginia must prove beyond a reasonable doubt that you were the driver who damaged the property or injured another and that you did not report the needed information to the proper parties.  

A good defense attorney is able to point to flaws in the case of the prosecution. 

Because of the nature of hit-and-run facts, witnesses can be hard to find, and good lawyers can use the lack of witnesses to weaken a case. 

Additionally, attorneys can show a lack of proof that the accused was actually driving. 

Because so many people loan cars to friends and family it is possible the owner being accused never even knew the accident happened.

Why You Should Get a Virginia Hit and Run Lawyer?

Hit and run in Virginia is a serious offense that can lead to license suspension, severe fines, and jail time. 

Hit and run charges are usually linked with other charges and can be difficult to litigate when there are many layers of criminal charges being pressed against you. 

If you are facing hit and run charges and the other charges that are doubtlessly being pressed against you, get a Virginia hit and run lawyer to put the best defense up for you and to reduce the penalties you could be facing