Aggressively Fighting for the Best Possible Outcome
TAMPA HIT AND RUN DEFENSE ATTORNEY
Experienced Criminal Defense Attorney for Those Facing Hit-and-Run Charges in Florida
If you’ve been accused of a hit-and-run, you’re up against some pretty serious charges with equally serious penalties. That’s why you need an experienced Tampa hit-and-run defense attorney on your side as soon as possible to defend your rights and protect your future. At Buda Law in Tampa, FL, we understand the severity of these charges and are ready to defend your rights with the skill and determination your case deserves.
Aside from the immediate legal penalties, such as lengthy jail time and significant fines, a hit-and-run conviction can have a lasting impact on your life, including the loss of your driving privileges and employment opportunities. That’s why our team is here to provide you with a strong defense and guide you through the legal process with confidence. Contact an experienced Tampa criminal defense lawyer at Buda Law today to get started.
If you or a loved one is facing hit-and-run charges in the Tampa Bay area, don’t wait. Call (813) 322-2832 or reach out online for a confidential consultation today.
What is Considered a Hit and Run in Florida?
In Florida, a hit-and-run crash occurs when a driver involved in an accident leaves the scene without providing the other driver or law enforcement with their information, or without offering assistance to anyone injured. This applies to accidents involving other vehicles, pedestrians, cyclists, or property.
Under Florida law, it’s mandatory to stay at the scene, report the accident to law enforcement officers, and exchange necessary details with the other parties involved. Failing to do so can result in serious criminal charges, including felony penalties if the accident involves injury or death.
Hit and Run Florida Law
While there is no specific Florida law that covers every aspect of a potential hit-and-run, there are many Florida Statutes that cover actions related to fleeing the scene of a crash. Below are the various Florida laws that can relate to hit-and-run accidents, as well as a brief description of the law and the classification of potential criminal charges under these laws:
- F.S. § 316.027 (Crash involving death or personal injuries) – Drivers involved in a crash that results in injury or death must stop and remain at the scene. Failing to do so is a serious offense. Leaving the scene of an accident causing injury or death could result in a felony criminal charge.
- F.S. § 316.061 (Crashes involving damage to vehicle or property) – Drivers involved in a crash that results in damage to another vehicle or property must stop and exchange information with the other party. Failing to do so is considered a misdemeanor crime.
- F.S. § 316.062 (Duty to give information and render aid) – Drivers involved in a crash causing injury or death must provide their name, address, and vehicle registration to those affected and police officers at the scene. They are also required to assist injured parties by arranging medical care if necessary. Failure to comply is a noncriminal traffic infraction, punishable as a nonmoving violation.
- F.S. § 316.063 (Duty upon damaging unattended vehicle or other property) – Drivers who damage unattended vehicles or property must stop, leave their contact information, and notify local police. Not doing so is a misdemeanor criminal offense. Additionally, if the damaged vehicle obstructs traffic, the driver must make an effort to move it. Failing to do so may result in a nonmoving violation.
- F.S. § 316.065 (Crashes; reports; penalties) – Drivers involved in an accident resulting in death, injury, or property damage resulting in more than $500 worth of property damage must immediately report the crash to the proper authorities. Failing to do so could result in a nonmoving violation.
How Long After a Hit and Run Accident Can You Be Charged in Florida?
In order for a hit-and-run charge to be valid, the criminal charges must be brought to the alleged offender within the required timeframe. The statute of limitations for filing criminal charges after a hit-and-run accident in Florida depends on the severity of the incident.
Below are the criminal statutes of limitations for fleeing the scene of a crash in Florida:
- If the crash only resulted in property damage – 1 year
- If the crash resulted in injury to another person – 3 years
- If the crash resulted in the death of another person – Indefinitely
Is a Hit and Run a Felony or Misdemeanor in Florida?
In Florida, a hit-and-run can be classified as either a felony or a misdemeanor criminal offense, depending on the severity of the incident. Below are the key differences between misdemeanor and felony hit-and-run accidents in the state of Florida.
Misdemeanor Hit and Run
Hit-and-run crimes are classified as misdemeanor crimes in Florida when they only involve property damage. If a driver leaves the scene of an accident that only results in property damage, it is considered a second-degree misdemeanor, regardless of whether or not the damage occurred to attended or unattended property.
Felony Hit and Run
On the other hand, hit-and-run crimes are classified as felony crimes in Florida when they involve any kind of injury or death, with the level of severity depending on the severity of the bodily harm caused. Below are the felony classifications for hit-and-run crashes in Florida:
- A driver leaves the scene of an accident that results in injury – Third-degree felony
- A driver leaves the scene of an accident that results in serious bodily injury – Second-degree felony
- A driver leaves the scene of an accident that results in a fatality – First-degree felony
What is the Hit and Run Penalty in Florida?
Below are the penalties associated with hit-and-run cases in Florida based on the classification of the crime:
- Second-Degree Misdemeanor: punishable by up to 60 days in jail, a fine of up to $500, or both
- Third-Degree Felony: punishable by up to 5 years in prison, a fine of up to $5,000, or both, and driver’s license revocation for at least 3 years
- Second-Degree Felony: punishable by up to 15 years in prison, a fine of up to $10,000, or both, and driver’s license revocation for at least 3 years
- First-Degree Felony: punishable by a minimum of 4 and a maximum of 30 years in prison, a fine of up to $10,000, or both, and driver’s license revocation for at least 3 years
In addition to jail time and the above fines, a hit-and-run conviction can lead to monetary punishments as a result of nonmoving violations, civil lawsuits, restitution to the victim, and increased insurance premiums. Someone convicted of a felony hit-and-run crime may also experience the loss of certain rights.
If you have been accused of leaving the scene of an accident, a Tampa hit-and-run accident lawyer at Buda Law can help you understand the potential punishments you may be facing.
How Do They Prove a Hit and Run?
In order to prove a hit-and-run in Florida, law enforcement will typically gather evidence that connects a driver to the scene of an accident, as well as evidence that demonstrates that they fled the accident willingly. To gather this evidence, local law enforcement agencies may require help from a hit-and-run investigator or a law enforcement officer who specializes in crash forensics.
Evidence proving someone fled the scene of an accident could include eyewitness statements, surveillance footage, and physical evidence, such as vehicle damage or paint transfers. Additionally, forensic experts may analyze debris, tire marks, or vehicle parts left at the scene to identify the vehicle involved. In some cases, digital evidence, such as cell phone data or GPS tracking, can also be used to place a driver at the location of the accident.
How To Fight a Hit and Run Charge
The best way to fight a hit-and-run charge in Florida is to equip a hit-and-run attorney as soon as the criminal charges have been brought against you. A skilled defense attorney will review the details of the case, including any physical evidence, witness statements, and investigative procedures, to identify weaknesses or inconsistencies.
From there, they’ll be able to build a strong defense on behalf of their client. Some common defenses that can be used to fight hit-and-run charges in Florida include:
- Lack of Knowledge/Intent: the driver was unaware an accident occurred or was unaware of the damage or injury caused by the incident, and therefore did not intend to flee the scene.
- Not the Driver: the defendant was not the person driving the vehicle at the time of the car accident.
- Emergency Situation: the driver left the scene due to a medical emergency or other immediate threat to their safety, justifying their departure.
- Inaccurate Identification: the police or witnesses incorrectly identified the vehicle or driver involved in the accident.
- No Damage or Injury: no damage or injury occurred as a result of the accident, meaning the driver was not legally required to stay at the scene.
- Lawful Departure: the driver may have provided proper identification and assistance but left the scene due to confusion or after fulfilling their legal obligations.
- Lack of Evidence: the prosecution has insufficient evidence and cannot prove that the driver committed the crime beyond a reasonable doubt.
The Importance of Immediate Legal Representation for Tampa Hit and Run Charges
If you are facing hit-and-run charges in the Tampa Bay area, hiring immediate legal representation is crucial to protecting your rights and building a strong defense. The legal process can be complex, and without experienced guidance, you risk making statements or decisions that could harm your case.
An experienced attorney will be able to conduct a thorough investigation of the car accident, gather evidence in your favor, and challenge any weaknesses in the prosecution’s case. Early intervention by a skilled defense lawyer can also help reduce the severity of potential penalties or even result in dismissed charges.
At Buda Law, our legal team is dedicated to providing aggressive and strategic defense against hit-and-run charges. Whether you were accused of leaving the scene of an accident that resulted in minor property damage or serious injury, an attorney from our team will stand by your side, protecting your rights throughout the entire legal process.
Call an Experienced Tampa Hit and Run Defense Attorney at Buda Law Right Away
If you’re facing hit-and-run charges in Tampa or the nearby areas, time is of the essence. The longer you wait to seek legal representation, the more challenging it can be to gather crucial evidence and build a strong defense on your behalf. If you have been charged with a hit-and-run, or you believe you may be charged with a hit-and-run, contact our law firm right away and let us get to work defending you.
Choosing the right legal team can make all the difference in the outcome of your case. Led by former prosecutor Andrew Buda, our team at Buda Law has an in-depth understanding of prosecution strategies in these cases, offering our clients a unique advantage in the courtroom. Call (813) 322-2832 or contact us via our online contact form to schedule a free consultation with an experienced criminal defense attorney on our team today.
START BUILDING YOUR CASE
Schedule a Free Consultation
WHAT MAKES OUR DEFENSE SO EFFECTIVE?
- Former State Prosecutor
- Highly Responsive & Accessible
- Result-Oriented Advocacy
- We Prepare Every Case as if it's Going to Trial
- Personal Representation Centered Around You
- Exceptional Negotiator