Is a hit and run a felony? 64 Answers as of July 03, 2013

If you have an accident and leave the scene, while leaving your vehicle, is that a felony?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
It depends on the severity of the accident and the circumstances.
Answer Applies to: Michigan
Replied: 7/3/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
Depends on whether there was just damage to a vehicle or if there was an injury. Here are the two relevant statutes: Sec. 550.022. ACCIDENT INVOLVING DAMAGE TO VEHICLE. (a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall: (1) immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary; (2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and (3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023. (b) If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator's vehicle as soon as possible to a designated accident investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic. (c) A person commits an offense if the person does not stop or does not comply with the requirements of Subsection (a). An offense under this subsection is: (1) a Class C misdemeanor, if the damage to all vehicles is less than $200; or (2) a Class B misdemeanor, if the damage to all vehicles is $200 or more. (c-1) A person commits an offense if the person does not comply with the requirements of Subsection (b). An offense under this subsection is a Class C misdemeanor. (d) In this section, a vehicle can be normally and safely driven only if the vehicle: (1) does not require towing; and (2) can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway. Sec. 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR DEATH. (a) The operator of a vehicle involved in an accident resulting in injury to or death of a person shall: (1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible; (2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and (3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023. (b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary. (c) A person commits an offense if the person does not stop or does not comply with the requirements of this section. An offense under this section: (1) involving an accident resulting in death of or serious bodily injury, as defined by Section 1.07, Penal Code, to a person is a felony of the third degree; and (2) involving an accident resulting in injury to which Subdivision (1) does not apply is punishable by: (A) imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year; (B) a fine not to exceed $5,000; or (C) both the fine and the imprisonment or confinement.
Answer Applies to: Texas
Replied: 11/19/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Only if the accident results in an injury to someone.
Answer Applies to: California
Replied: 11/18/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
No.
Answer Applies to: Michigan
Replied: 5/31/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
It is if as a result of the accident there was serious injury or death.
Answer Applies to: Michigan
Replied: 11/16/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    Depending on all the facts and circumstances it could be either a felony or a misdemeanor. you will have to wait and see what the actual charges are. You should hire an attorney.
    Answer Applies to: New York
    Replied: 11/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It may be a felony where the driver who causes the accident leaves the scene of the accident after causing injury to another person.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends on if there were injuries.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    It is not a felony, but it is a serioous traffic ticket that will result in the suspension of your driving privileges if you are convicted. You should hire a lawyer to defend you.
    Answer Applies to: New Jersey
    Replied: 11/15/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Yes, a hit and run is a felony. If you are charged with this crime, you are entitled to counsel of your own choosing. If you cannot afford an attorney, one will be appointed for you.
    Answer Applies to: Nevada
    Replied: 11/15/2011
    Baner and Baner
    Baner and Baner | Jonathan Baner
    If you hit a person it certainly is.
    Answer Applies to: Washington
    Replied: 11/17/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Leaving the scene of an accident without exchanging information can be charged as a misdemeanor or as a felony. The charge will depend upon how bad the accident is and weather's anyone was injured.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A Hit & Run charge can be filed as either a felony or a misdemeanor.
    Answer Applies to: Kansas
    Replied: 11/15/2011
    The Law Office of Marc G. Snyder | Marc Gregory Snyder
    In Maryland, there is no hard and fast distinction between what is considered a misdemeanor and what is a felony. It will depend on the exact charges that are filed. For example, getting into an accident and leaving the scene, where there were no injuries is different than causing an accident and serious injuries and leaving without rendering aid. Again, the specific nature of the case will depend on the charges files and the underlying facts of the case. In reality, any "hit & run" type charges need the help of an experienced criminal defense lawyer who can help present the matter most effectively to the State's Attorney's Office and, ultimately, the Judge. These can be very unpopular charges, especially if someone was injured, so it is important to contact a lawyer as soon as possible.
    Answer Applies to: Maryland
    Replied: 11/15/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    This conduct can be charged as a felony or a misdemeanor, it is called a wobbler. Usually it depends on whether anyone was injured in the accident and if the driver was drunk.
    Answer Applies to: California
    Replied: 11/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Could be. Injuries, probably.
    Answer Applies to: California
    Replied: 11/15/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Not unless you were drunk or there were injuries.
    Answer Applies to: Washington
    Replied: 11/17/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    It is a misdemeanor.
    Answer Applies to: Georgia
    Replied: 6/26/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    It partially depends on if the hit and run just involved property damage, or also included bodily harm. Here is the applicable New York State Law: * 600. Leaving scene of an incident without reporting. * 1. Property damage. a. Any person operating a motor vehicle who, knowing or having cause to know that damage has been caused to the real property or to the personal property, not including animals, of another, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer. A violation of the provisions of paragraph a of this subdivision shall constitute a traffic infraction punishable by a fine of up to two hundred fifty dollars or a sentence of imprisonment for up to fifteen days or both such fine and imprisonment. 2. Personal injury a. Any person operating a motor vehicle who, knowing or having cause to know that personal injury has been caused to another person, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the said personal injury occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and street number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy and license number, to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then, he or she shall report said incident as soon as physically able to the nearest police station or judicial officer. c. A violation of the provisions of paragraph a of this subdivision resulting solely from the failure of an operator to exhibit his or her license and insurance identification card for the vehicle or exchange the information required in such paragraph shall constitute a class B misdemeanor punishable by a fine of not less than two hundred fifty nor more than five hundred dollars in addition to any other penalties provided by law. Any subsequent such violation shall constitute a class A misdemeanor punishable by a fine of not less than five hundred nor more than one thousand dollars in addition to any other penalties provided by law. Any violation of the provisions of paragraph a of this subdivision, other than for the mere failure of an operator to exhibit his or her license and insurance identification card for such vehicle or exchange the information required in such paragraph, shall constitute a class A misdemeanor, punishable by a fine of not less than five hundred dollars nor more than one thousand dollars in addition to any other penalties provided by law. Any such violation committed by a person after such person has previously been convicted of such a violation shall constitute a class E felony, punishable by a fine of not less than one thousand nor more than two thousand five hundred dollars in addition to any other penalties provided by law. *Any violation of the provisions of paragraph a of this subdivision, other than for the mere failure of an operator to exhibit his or her license and insurance identification card for such vehicle or exchange the information required in such paragraph, where the personal injury involved *(i) results in serious physical injury, as defined in section 10.00 of the penal law, shall constitute a class E felony, punishable by a fine of not less than one thousand nor more than five thousand dollars in addition to any other penalties provided by law, or *(ii) results in death shall constitute a class D felony punishable by a fine of not less than two thousand nor more than five thousand dollars in addition to any other penalties provided by law.*
    Answer Applies to: New York
    Replied: 11/15/2011
    Law Offices of Kate Mesic, PA
    Law Offices of Kate Mesic, PA | Kate L. Mesic
    Leaving the Scene of an Accident in the State of Florida is a second degree misdemeanor, which is punishable by a maximum of 60 days in jail and a $500.00 fine. However, it depends if there were injuries, you might be looking at much more serious offense.
    Answer Applies to: Florida
    Replied: 11/15/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A misdemeanor or felony charge is based upon injuries to a party hit or injured in the accident.
    Answer Applies to: Nebraska
    Replied: 11/15/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    There are a number of factors that determine the level of the offense. A "hit and run" involving minor property damage is likely a misdemeanor offense. A "hit and run" involving personal injury is substantially more serious and may be felony level.
    Answer Applies to: Minnesota
    Replied: 11/15/2011
    Williams Law Group | Clarence Williams, III
    Leaving the scene of an accident is not a felony unless the accident resulted in serious bodily injury to the passengers or driver of the other vehicle. However, a conviction for leaving the scene of an accident will result in a suspension of your driver's license. You should always consult with an attorney if the offense could result in a driver's license suspension.
    Answer Applies to: Georgia
    Replied: 11/15/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It depends on the amount of damage and whether someone was hurt and how bad.
    Answer Applies to: Michigan
    Replied: 11/15/2011
    bark & karpf
    bark & karpf | peter bark
    Some hit and run charges are felonies, depending on the degree of personal injury caused. No resulting injury or minor injury would not be a felony, but serious physical injury or death is a felony.
    Answer Applies to: New York
    Replied: 11/15/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Where there any injuries at the scene? If not, it will likely be charged as a misdemeanor. Nothing to take lightly though. You should hire an attorney.
    Answer Applies to: California
    Replied: 11/15/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    No, not necessarily. It depends on the seriousness of the accident, and the severity of any injuries to anyone involved. Typically, the District Attorney will look at those two factors and the relevant circumstances such as could the Defendant have helped lessen the severity of the incident if he had stayed and rendered aid or assistance at the scene. Only in those cases where there is tremendous property damage or personal injury is the case almost automatically filed as a Felony. Get an experienced criminal defense attorney to help you resolve this burdensome problem be it a misdemeanor or even a felony.
    Answer Applies to: California
    Replied: 11/15/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It there are injuries and they are severe, substantial bodily injury or death, then it can be a felony. If there was only property damage then it is not a felony.
    Answer Applies to: Minnesota
    Replied: 11/15/2011
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    It depends on the seriousness of the accident. If it is serious enough to assume someone was injured then yes, it is a felony. Same thing if the property damage appears to exceed $1,000.00.
    Answer Applies to: Michigan
    Replied: 11/15/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    It depends. In Nebraska, if you cause injury to a person, yes. If there is only property damage, then no.
    Answer Applies to: Nebraska
    Replied: 11/15/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Leaving the Scene of an Accident is governed by New York Vehicle and Traffic Law Section 600. It's consequences vary depending on whether anyone was hurt and whether the driver has a prior conviction for the same type offense. The good news is that it may not be a crime. If the damage is limited to property damage and no one is hurt (people or animals) then the charge is a traffic infraction and not a crime. The consequences can still be severe as the maximum punishment is 15 days in jail and $250 fine. If someone is hurt, then the charge is a class A misdemeanor. A conviction would be a permanent criminal record that can never be erased. In addition, you would be facing up to one year in jail and $500 - $1000 fine. Note that if your only conduct was failing to provide your license and insurance id, you can only be charged with a class B misdemeanor and the punishment is reduced to a maximum of 90 days jail and $500 fine.Note also if you have a previous conviction for leaving the scene, then the crime is bumped up to an E felony with a maximum punishment of 4 years in jail and a fine between $1000 and $2500. If someone was seriously injured (as defined in Section 10 of the New York Penal Law), then the charge is a class E felony. If you are found guilty you would be a convicted felon and lose some very valuable rights, such as owning a firearm, serving on a jury, obtaining certain civil service jobs, etc. You would also be facing up to four years in jail and a fine between $1000 and $5000. If the injured person dies as a result of the accident then the charge is a class D felony, punishable up to 7 years in jail and a fine between $2000 and $5000. Keep in mind that these are maximum punishments and a skilled defense attorney has a wide variety of plea bargaining options available that can be used to minimize your consequences.
    Answer Applies to: New York
    Replied: 11/15/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    It is a felony if there was a personal injury and a misdemeanor if there was only property injury. If you caused an accident and you left the scene then you will be charged with Leaving the Scene of an Accident. You should retain a good criminal attorney who may be able to plead the case down to a violation with a fine. You will not have a criminal conviction and you insurance will not increase. The next time you cause an accident you should pull over and let the police investigate the accident. Drive carefully and sober in the future. Your life depends on it.
    Answer Applies to: New York
    Replied: 11/15/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If anyone was injured and you failed to stop and render aid a hit and run would be a felony. If only property damage was sustained it would be a misdemeanor. Conviction for leaving the scene of an accident is an automatic suspension of your driving privileges.
    Answer Applies to: Alabama
    Replied: 11/15/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    If someone is injured then it can/will be filed as a felony. If there is no injury and it's just property damage, then it is misdemeanor.
    Answer Applies to: California
    Replied: 11/15/2011
    Richard W. Barton
    Richard W. Barton | Richard W. Barton, Esq.
    Yes, leaving the scene of an accident where an injury was caused is felony. But its not a violent felony, its listed under the Vehicle and Traffic law. It does not carry mandatory jail time and can sometimes be negotiated down to a lesser charge.
    Answer Applies to: New York
    Replied: 11/15/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Only if someone was injured enough to be serious bodily injury. Otherwise it is a misdemeanor Failure to Stop and Give Information (FSGI)
    Answer Applies to: Texas
    Replied: 11/14/2011
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    It can be if someone was seriously injured - but more than likely, it will be a motor vehicle offense handled in the municipal court where the accident occurred
    Answer Applies to: New Jersey
    Replied: 11/14/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    It is a misdemeanor unless an injury occurred.
    Answer Applies to: Minnesota
    Replied: 11/14/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    A hit and run in California can be charged as either a felony or a misdemeanor. While most hit and run cases are filed as misdemeanors, they may be filed as felonies if there are serious injuries to the victim.
    Answer Applies to: California
    Replied: 11/14/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If there was property damage only, no. It's a misdemeanor. If there was injury to a person then it's a "wobbler" and can be charged as either a felony or a misdemeanor.
    Answer Applies to: California
    Replied: 11/14/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    Leaving the scene of an accident can be charged as a felony, and usually will be if someone is injured in the accident.
    Answer Applies to: California
    Replied: 11/14/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Generally not. If there was no one in the car you hit or you hit some property (fence, mail box, light pole, etc), then it is what is called "hit and run unattended". This is a misdemeanor, punishable by up to 90 days in jail and $1,000.00 fine. If, on the other hand, you struck a vehicle, that was occupied by another person, this would be "hit and run attended". This is a gross misdemeanor, punishable by a maximum of 1 year in jail and a $5,000.00 fine. Neither of these would be classified as a felony. If, however, you struck a vehicle and seriously hurt the occupant, then it could possibly be a felony (vehicular assault). You also don't say whether alcohol and/or drugs were at issue, or what kind of criminal history you have.. These could compound the problem. You need to consult with local counsel. Under any of the scenarios, you could do jail time.
    Answer Applies to: Washington
    Replied: 11/14/2011
    Michael Edwards, Attorney at Law
    Michael Edwards, Attorney at Law | Michael Edwards
    It would usually be a class B or class A misdemeanor.
    Answer Applies to: Utah
    Replied: 11/14/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Depends on how much damage was caused. If severe damage or you injured a person then yes, hit and run can be a felony.
    Answer Applies to: Virginia
    Replied: 11/14/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    It can be. "Hit and run" (officially "Failure to Preform the Duties of a Driver") is a misdemeanor if only property is damaged. It is, however, a felony if the accident caused "physical injury" to another person. The answer will depend on whether anyone was hurt in the accident.
    Answer Applies to: Oregon
    Replied: 11/14/2011
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    This is a misdemeanor if it's just property damage. It's a felony if you hit a person and cause them serious injury or death.
    Answer Applies to: Nevada
    Replied: 11/14/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    If someone was injured, yes. If only property was damaged, it will probably be treated as a misdemeanor. You'll find out at your first court appearance (the arraignment).
    Answer Applies to: California
    Replied: 11/14/2011
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    I would need to know what you hit? Was it a pedestrian or a vehicle or other property? Was any person injured? You should consult counsel with more detailed information.
    Answer Applies to: California
    Replied: 11/14/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    This could be charged a felony, yes.
    Answer Applies to: California
    Replied: 11/14/2011
    Meadows & Howell, LLC
    Meadows & Howell, LLC | Brad Howell
    If the hit and run resulted in damage only to property, then it is charged as a Class A Misdemeanor. If the hit and run resulted in death or personal injury, regardless of the severity of the personal injury, then it is charged as a Class C Felony.
    Answer Applies to: Alabama
    Replied: 11/14/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, it certainly can be a felony, if great bodily harm, or death, were involved. Generally, if the damage is only to property, it will be charged as a misdemeanor, but when you leave the scene of an accident involving bodily injury, it is much more serious.
    Answer Applies to: Illinois
    Replied: 11/14/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Normally it is not a felony, but it can depend on what (person or object) was hit and whether the prosecutor could prove the person who left the scene was intoxicated.
    Answer Applies to: Colorado
    Replied: 11/14/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Depends on the extent and damage from the accident. The first step is to find a lawyer that you can work with. You need to protect your legal rights and representing yourself is not the way to do so. Retaining a lawyer need not be as difficult as you think. Write down any questions you have and call me. I will take your call and give you the information you need to make a decision regarding this situation. Should you choose to follow my advice and decide to retain a lawyer.
    Answer Applies to: Massachusetts
    Replied: 11/14/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Hit and Runs in Michigan are misdemeanors unless you cause serious injury or death. Then it is a 15-year felony. If you just cause damage to the other vehicle it is a 90-day misdemeanor and if you cause non-serious injury to someone, it is a one-year misdemeanor.
    Answer Applies to: Michigan
    Replied: 11/14/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Yes, if the accident results in death or serious physical injury.
    Answer Applies to: New York
    Replied: 11/14/2011
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