San Francisco Hit and Run Lawyer

Being involved in a hit-and-run accident can be overwhelming and stressful.

In addition to facing serious legal consequences, you or your loved one may also be dealing with the emotional and financial fallout from the incident. Whether you’re charged with leaving the scene of an accident that caused property damage or more severe consequences involving injury cases or death, having top accident attorneys is critical to protect your rights and future.

At Summit Defense, we have offices across the San Francisco Bay Area to serve you. Our experienced legal team is ready to help you navigate the complexities of California’s hit-and-run laws.

Understanding Hit-and-Run Laws in California

Definition and Elements of a Hit-and-Run

According to California law, hit-and-run offenses are taken very seriously.

Under California Vehicle Code § 20002, a hit-and-run is defined as leaving the scene of an accident without providing identifying information when property damage occurs. If the auto accident involves injury or death, the more severe Vehicle Code § Section 20001 applies. This statute mandates that drivers remain at the scene and offer assistance; failing to do so may result in criminal charges.

In either case, whether it’s a minor fender bender or a more significant incident, the law requires you to stay at the scene of the accident and exchange contact information, as well as provide aid or request medical treatment if someone is hurt.

Penalties and Charges

The penalties for hit-and-run driver offenses vary widely depending on the severity of the incident.

• Misdemeanor charges are typically issued when the accident only causes property damage. Penalties may include fines, community service, and up to six months in county jail.
• Felony charges come into play when the hit-and-run involves injury or wrongful death. The penalties can be far more severe, including years in prison and punitive damages.

Statute of Limitations

California’s statute of limitations for hit-and-run charges depends on the severity of the offense:

• For misdemeanors, the prosecution generally has one year to file charges.
• For felonies, the statute of limitations can extend up to three years. However, in severe cases involving fatalities, this may be extended further.

What Are the Consequences of a Hit-and-Run Charge in San Francisco?

Being charged with a hit-and-run can have serious legal and financial consequences that extend beyond the courtroom. It is important to have an experienced car accident attorney by your side for guidance to get the best outcome possible.

• License suspension or revocation: The DMV may suspend or revoke your driver’s license depending on the severity of the car accident. Some car accident cases allow for a restricted license after a period of suspension.
• Criminal record: A conviction, especially for a felony, will result in a permanent criminal record, which might affect employment, housing opportunities, and other aspects of your life.
• Civil liabilities: You could face lawsuits from accident victims or property owners seeking pain and suffering compensation or personal injury claims.
• Financial and insurance repercussions: Your auto insurance premiums could increase dramatically, or your insurance company may even drop you based on accident claims. Courts might impose costly fines and require you to attend educational programs, further adding to the financial burden. You may also have to cover medical bills or fair compensation to the victim.

Hit and Run Arrest — Step-by-Step Process

1. Initial Arrest and Booking

After a hit-and-run arrest, you will be taken into custody and processed, including creating a police report, booking, fingerprinting, and photographing. Law enforcement will also read you your Miranda rights; this is the final stage of the arrest process.

2. Bail and Release Options

Bail may be set depending on the severity of the offense. In certain cases, especially for first-time offenders, you may be released on your own recognizance (O.R.), meaning you won’t have to post bail at all. If bail is required, you can choose to post a bail bond, which allows you to be temporarily released while you wait for court proceedings.

3. Court Proceedings

The arraignment is your first court appearance, where the charges against you will be formally presented and you’ll have the opportunity to enter a plea. Following the arraignment, pre-trial hearings will take place, during which your car accident lawyer may file motions or negotiate a plea deal to resolve the case before trial.

If the case proceeds to trial, your defense attorney will present your case and challenge the prosecution’s evidence, aiming for the best possible verdict.

Possible Defenses Against Hit-and-Run Charges in San Francisco

There are several possible defenses to hit-and-run charges depending on the circumstances of your case. A case evaluation will determine which, if any, of these can be applied.

• Lack of Knowledge: One defense is lack of knowledge, where you were unaware that an accident occurred.
• No Contact: Another is no contact, which argues that the damage or injury did not result from your vehicle.
• Emergency: Leaving the scene due to an emergency situation may be justified if immediate action was necessary.
• Mistaken Identity: Lastly, mistaken identity may be a defense if you were incorrectly identified as the driver involved in the hit-and-run.

Possible Outcomes and Plea Bargains

Depending on the specifics of your case, there may be opportunities to substantially reduce the legal consequences you face.

• Diversion Programs: For some first-time hit-and-run offenders, diversion programs, community service, or probation may alternatives to jail time.
• Reduced Charges: A skilled defense lawyer may be able to negotiate with the prosecution to reduce felony charges to misdemeanors, particularly if the incident did not involve injuries.

Keep in mind that each case is unique, but a competent hit-and-run lawyer will fight to achieve the best possible outcome.

Why Choose Summit Defense for Your San Francisco Hit-and-Run Charge?

At Summit Defense, we know that facing a hit-and-run charge is stressful, and we’re on your side to provide legal representation so you can have peace of mind. Our experienced accident lawyers have a proven track record of winning complex hit-and-run cases, and we’re committed to fighting for the best possible verdict.

We respect client relationships and guide you through the process, answering your questions so you never feel alone. You can trust us to protect your rights and future.

Choose Summit Defense for a compassionate San Francisco car accident lawyer when you need it most.

San Francisco Hit and Run FAQs

1. What constitutes a hit-and-run in California?

A hit-and-run occurs when a driver involved in a car crash leaves the scene without providing their identifying information to the other party. In California, hit-and-run offenses are divided into two categories: property damage (Vehicle Code § 20002) and accidents involving injury or death (Vehicle Code § 20001). The law requires drivers to stop, exchange information, and provide aid, if necessary.

2. What are the potential penalties for a hit-and-run in San Francisco?

Penalties for a hit-and-run depend on the severity of the incident. If the car crash causes only property damage, it is typically charged as a misdemeanor, which can result in fines, community service, and up to six months in jail. If the car accident involves injury or death, felony charges may apply, leading to more severe penalties such as years in prison and substantial fines.

3. How long do authorities have to file hit-and-run charges in California?

The statute of limitations for hit-and-run charges in California depends on whether the offense is a misdemeanor or a felony. For misdemeanors, charges must be filed within one year. For felonies, the statute of limitations is generally three years, but it can be extended in cases involving serious injury or death.

4. What are the possible defenses against a hit-and-run charge?

Common defenses in hit-and-run cases include lack of knowledge (you were unaware an accident occurred), no contact (the damage or injury did not result from your vehicle), emergency situations (leaving the scene due to an emergency), or mistaken identity (you were incorrectly identified as the driver).

5. Can a hit-and-run charge affect my driver’s license?

Yes, if convicted of a hit-and-run motor vehicle accident, the DMV may suspend or revoke your license. The duration of the suspension or revocation depends on the severity of the offense. In some cases, you may be eligible for a restricted license after a period of suspension.

6. What are the financial and insurance repercussions of a hit-and-run conviction?

In addition to legal fines, a hit-and-run conviction can lead to higher insurance policy premiums or even cancellation of your policy. You may also face civil lawsuits from injured parties or property owners seeking compensation for damages and medical expenses. Additionally, courts may impose penalties, such as mandatory education programs, which can add to your financial burden.

7. Can a hit-and-run charge be reduced or dismissed?

Yes, in some cases, an experienced defense attorney may be able to negotiate a plea deal that reduces a felony charge to a misdemeanor, especially if there were no severe injuries in the incident. First-time offenders may also be eligible for diversion programs or probation, allowing them to avoid jail time.

Hit and Run Attorney Near Me | Contact Summit Defense for a Free Consultation Today

Don’t let a hit-and-run charge jeopardize your future.

At the Summit Defense law firm, our experienced San Francisco attorneys provide the strong legal defense you need and fight for your rights. If you’re facing charges in San Francisco, Oakland, or surrounding areas, now is the time to take action and seek legal advice.

Contact us today for a free, confidential consultation, and let us help you protect your freedom, your record, and your peace of mind. Our Bay Area law firm is here to guide you every step of the way.

Call or message us now to get started!