Hit and Run

The Vehicle Code allows hit and run to be charged as either a misdemeanor or a felony depending on whether or not an injury resulted. In order to prove that one is guilty of hit and run, the prosecution must show: 1) while driving, you were involved in a collision, 2) the collision resulted in damage to someone else’s property, 3) you knew that you were involved in a collision that resulted in damage to someone else’s property, and 4) you willfully failed to stop and provide your name and current address.
Hit and run is a specific intent crime, meaning the prosecution must prove your state of mind in order to convict you. In this case, the prosecution must show that you “knew” you were involved in a collision which resulted in damage to the property of another. If the prosecution fails to prove beyond a reasonable doubt that you knew both that a collision occurred and that collision resulted in damage, you will be acquitted. Raising the specter of a reasonable doubt with respect to a specific intent crime is the job of a skilled criminal defense attorney.
If you or someone you know has been arrested or charged with hit and run, it is imperative that you contact an attorney immediately, the consequences of not doing so can result in a fine of $1000 and imprisonment for 6 months in county jail, or more where an injury results.
A skilled criminal defense attorney might alternatively be able to negotiate a civil compromise under Penal Code section 1377, which allows where certain other conditions are met, for the dismissal of misdemeanor charges where a civil remedy is available to the victim. Call today to see if you qualify.

The information contained on this website represents opinion only and is not intended to, nor should be relied on as legal advice of any kind. Should you wish to consult with an attorney, contact an attorney at the Law Office of Jesse Terrell at (323) 638-4712.
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