Is there any possible defense for hit-and-run drivers in California?  Get the facts on felony charges from a trusted Santa Barbara criminal defense attorney.

Hit-and-Run Defense in California: Possible Charges and Sentencing

Your daughter was driving home late at night. Suddenly, a car swerved in front of her, and there was no way she could avoid hitting it.

She knew she was supposed to stop and exchange information with the driver-but she was alone, and it was a really bad neighborhood. She drove straight home to you, and you called the police to report the crash... but now they want to charge your daughter with hit-and-run driving.

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Under California law, drivers are required to stop after a car accident to exchange insurance information, call for medical help if needed, and report the incident to police. In order to discourage unnecessary deaths caused by hit-and-run driving, the consequences in these cases can be severe.

You may be charged with either a misdemeanor or felony offense after a hit-and-run accident, depending on the particulars of your case:

  • Misdemeanor. This charge applies if you left the scene of an accident without identifying yourself, and the accident resulted in damage to another person's property. Most often, these are cases of "Fender benders" or hitting an inanimate object on private property. If convicted, you may face three years probation, two points on your California driver's license, fines from $1,000 to $10,000, and up to six months in county jail.
  • Felony. Felony cases occur when a driver left an accident scene where someone was seriously injured or killed. A felony conviction could result in two points on your California driver's license, fines up to $10,000, and a possible state prison sentence of 1 to 3 years.

As experienced Ventura criminal defense attorneys, we know that the prosecution must demonstrate a willful and intentional failure to stop after the accident. In many cases, the driver who fled the scene was not trying to escape responsibility; he was just too scared to take the proper action. By arguing that you were scared or unable to stop safely, we are often able to get the charges against you reduced and secure minimal sentencing for hit-and-run drivers.

If someone you love is facing hit-and-run charges in Ventura County, call Bamieh & Erickson at (805) 643-5555 for a free consultation.


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692 E. Thompson Blvd
Ventura, CA 93001
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