The harsh reality is that being involved in a vehicle accident is terrifying. It is not unusual for someone to be involved in an accident, feel shocked, and instinctively flee the area without even thinking about it. A hit-and-run is obviously unlawful, but what happens if the perpetrator recognizes what they've done and returns to the scene? Let's look at it more closely. Remember, if you have any further questions, you may call Law Office of Michael L. Fell for a free legal consultation at (949) 585-9055.

An examination of the hit-and-run law

Let's start with California's hit-and-run legislation. According to them, you can be punished with a misdemeanor if you leave an automobile collision with property damage without first identifying yourself to people involved. According to the law, you must stop at the nearest safe spot without obstructing traffic.

When a person is involved in an automobile collision that results in catastrophic or fatal injuries and they do not stop at the site, they are charged with felony hit and run. It's important to remember that a person might be prosecuted with a hit and run even if they weren't at fault for the accident.

A misdemeanor hit and run charge carries a penalty of up to six months in prison and $1,000 in penalties. A felony hit-and-run charge can result in fines of up to $10,000 and up to three years in prison.

What happens if you go back to the accident site?

Returning to the site is unfortunately not a legal defense. It will simply serve to demonstrate that you were aware of the accident and chose to leave nonetheless. However, we might be able to utilize the fact that you returned as a bargaining chip in your case.

Options for defending against hit-and-run charges

One possibility is to claim that you were unaware that you were involved in an accident or that you were unaware that property damage had occurred. For example, if you clipped a car and felt it was merely a near hit, you are not guilty of hit and run since you were unaware of the collision.

Another approach is to argue that you were just relocating to a more secure location. The fact is that virtually all California highways are congested at times, making it difficult to locate a safe location to pull over. Finally, we might claim that you had significant injuries or were concerned about having serious injuries, which is why you fled the scene.

If you have been charged with a hit and run, it is usually a good idea to speak with a criminal defense attorney. For a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055 now.