Los Angeles Felony Hit and Run Attorney
In Los Angeles, charges related to felony hit-and-run incidents can have severe and lasting repercussions on your freedom, financial stability, and overall reputation. Understanding these charges, potential consequences, and viable legal defenses is critical if you or a loved one faces such allegations. At Kraut Law Group Criminal & DUI Lawyers, Inc., our mission is to provide a comprehensive criminal defense to protect your rights aggressively and effectively in Los Angeles.
In California, hit-and-run offenses are outlined primarily under Vehicle Code Section 20001. According to the law, any individual involved in an automobile accident that results in injury or death must fulfill specific obligations. Failing to perform these legally mandated duties after an accident can lead to serious criminal charges. Specifically, drivers involved in collisions must:
- Immediately stop at the scene of the accident.
- Provide identifying information to other parties involved and law enforcement authorities.
- Provide reasonable assistance to injured parties, such as calling emergency medical services.
- Immediately notify law enforcement if authorities are absent in case of a fatal accident.
It is crucial to understand that these obligations apply regardless of who was at fault in the accident. Many individuals mistakenly believe they are free to leave if they were not responsible for the collision, but California law makes no distinction regarding fault. Leaving the scene under these conditions results in criminal liability.
Key Legal Elements of a Felony Hit and Run ChargeTo secure a conviction for felony hit and run under VC 20001, prosecutors must establish the following elements beyond a reasonable doubt:
- The defendant was involved in an automobile accident.
- The defendant was aware or reasonably should have been aware that they had been in an accident.
- The defendant knew or should have known that the accident resulted in injury or death to another person.
- The defendant intentionally failed to fulfill one or more legal obligations (such as providing identification, aiding injured persons, or contacting law enforcement).
Understanding these elements is crucial for crafting a successful defense strategy.
Felony Hit and Run Penalties in Los Angeles: Jail Time, Fines, and MoreThe penalties associated with felony hit-and-run offenses vary significantly based on the severity of injuries or fatalities resulting from the accident. Typically, the nature of the injuries determines whether the offense is classified as a misdemeanor or felony:
Misdemeanor Hit and Run:
- Applicable in cases involving minor injuries.
- Penalties range from 90 days to one year in county jail.
- Mandatory payment of fines, restitution to victims, and possible probation.
Felony Hit and Run:
- Applicable when the accident causes severe injury, permanent disability, or death.
- Penalties range from 16 months to 4 years in state prison.
- Significant fines, restitution payments, and mandatory revocation or suspension of the driver’s license.
In cases involving gross negligence, intoxication, or prior criminal history, prosecutors might seek additional charges such as vehicular manslaughter or gross vehicular manslaughter while intoxicated. Convictions for these additional charges can dramatically increase penalties, adding substantial prison time:
- Conviction of gross vehicular manslaughter alongside felony hit and run can lead to an additional 5 years in prison, consecutive to other imposed sentences.
Navigating the complexities of felony hit-and-run charges demands effective legal representation. Several defenses might be applicable depending on the circumstances of your case:
- Lack of Knowledge. If you did not know that an accident occurred or someone was injured, you cannot be convicted of felony hit and run. Situations involving minor contact or significant commercial vehicle accidents frequently raise this defense.
- Involuntary Departure (Necessity Defense). California law recognizes that certain exigent circumstances may justify temporarily leaving the scene. For example, if remaining at the scene poses an immediate threat to your safety or the safety of passengers, or if immediate medical attention is required elsewhere, a necessity defense could successfully negate criminal intent.
- Misidentification in hit-and-run cases. Mistaken identity or faulty witness testimony can frequently occur, especially during chaotic accident scenes. Your attorney can challenge witness reliability, surveillance footage, and other forms of identification prosecutors use.
- You Were the Only Injured Party. California law does not obligate you to stay at the scene if you were the sole party injured in the accident. Consequently, leaving under these conditions does not constitute a crime under VC 20001.
Immediate consultation with a skilled Los Angeles felony hit and run attorney dramatically increases your chance of successfully defending against these charges. Early intervention can often prevent charges from being filed in the first place, particularly if your attorney can communicate proactively with investigating officers and prosecutors.
Why Choose Kraut Law Group Criminal & DUI Lawyers, Inc.?Attorney Michael Kraut brings invaluable insight to every felony hit-and-run case. As a former Deputy District Attorney, Mr. Kraut prosecuted numerous hit-and-run offenses, giving him an unmatched understanding of prosecutorial tactics and strategies. His dual perspective as prosecutor and defense attorney uniquely positions him to craft effective defense strategies that resonate with judges and juries alike.
Mr. Kraut is committed to providing personalized, vigorous defense representation designed to achieve the best possible outcomes for his clients. He will thoroughly investigate every aspect of your case, identify weaknesses in the prosecution’s argument, and leverage every available legal defense.
Successful Outcomes in Felony Hit and Run CasesOur proven track record at Kraut Law Group Criminal & DUI Lawyers, Inc. speaks volumes about our dedication and expertise. We have successfully defended numerous clients facing serious felony hit-and-run charges, often resulting in reduced charges, dismissals, or acquittals.
Our firm strongly believes in safeguarding your rights, freedom, and reputation. We recognize the devastating effects a felony conviction can have on your personal and professional life. That is why we dedicate ourselves tirelessly to your defense.
Contact Kraut Law Group Criminal & DUI Lawyers, Inc.Facing a felony hit-and-run charge is daunting, but you do not have to navigate this challenging situation alone. Contact Michael Kraut for a free, confidential consultation to understand your legal options and build an effective defense immediately.
Our firm is available 24 hours a day, seven days a week. Call today at 888-334-6344 or 323-464-6453 or use our secure online form.