San Jose Hit and Run Lawyer
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Our team knows how to handle these tough situations. Our San Jose car accident lawyers will fight for you after a car crash. We understand how complicated a car accident claim can be in this situation, and our experienced car accident attorney will be your guide. Learn more about San Jose car accidents below. Then, contact our car accident attorneys to schedule a case consultation.
Fighting Hit and Run Charges With Our San Jose Hit and Run Lawyer
Facing hit-and-run charges can feel overwhelming. But with our San Jose hit-and-run lawyer at Summit Defense, you have support. Our car accident lawyer starts by looking closely at your case’s details. Then, we plan the best way to defend you, focusing on any weaknesses in the evidence against you.
We know what it takes to challenge hit-and-run allegations. Our goal is to protect your rights and work towards a favorable resolution. Whether it’s negotiating for lesser charges or fighting for you in court, we’re ready. We can even defend you against a personal injury claim. You can count on us to stand by your side every step of the way.
Understanding Hit and Run Laws in San Jose
California has strict laws when it comes to hit and run accidents. If you are involved in a crash, the law requires you to stop, share your information, and help anyone who is hurt. Failing to do so can lead to criminal charges.
There are two main types of hit and run charges in California. The type of charge depends on whether the accident caused only property damage or if someone was hurt or killed.
Vehicle Code 20002: Misdemeanor Hit and Run in San Jose
Under Vehicle Code 20002, it is a misdemeanor to leave the scene of an accident that caused damage to another person’s property. This applies to accidents anywhere in San Jose and Santa Clara County, whether they happen on Highway 101, in a parking lot on Stevens Creek Blvd, or on a residential street. Even if the damage seems small, you are required to stop and provide your contact and insurance information.
Penalties for a VC 20002 conviction can include:
- Up to six months in county jail
- Fines up to $1,000
- Points on your driving record
- Higher car insurance rates
- Possible license suspension by the DMV
Vehicle Code 20001: Felony Hit and Run in Santa Clara County
Vehicle Code 20001 covers cases where someone was injured or killed in the accident. This is a much more serious charge and is usually filed as a felony. The Santa Clara County District Attorney’s Office prosecutes these cases aggressively, and judges at the Hall of Justice in San Jose hand down harsh sentences.
Penalties for a VC 20001 conviction can include:
- Up to four years in state prison (longer if someone died)
- Fines up to $10,000
- Restitution to the victim for medical bills and other costs
- A felony on your permanent criminal record
- License revocation by the California DMV
In California, hit-and-run laws are strict. They are detailed under California PC 20002, categorizing it as a misdemeanor. If you’re involved in a car accident, the law requires you to stop and exchange information with the other party. Failing to do so can lead to a hit-and-run charge. Whether the accident caused property damage, injury, or worse, this is true.
There are two types of hit-and-run in California: misdemeanor and felony. The difference usually depends on whether the accident caused only property damage or if someone was injured or killed. Knowing these laws is crucial for anyone involved in a car accident in San Jose. We have experience with hit-and-run accidents, and our experienced attorney will fight for you.
Differentiating Between Misdemeanor and Felony Hit-and -Run
Misdemeanor hit and run typically involves accidents that result only in property damage. If there were no physical injuries, then this crime is charged s a misdemeanor.
On the other hand, felony hit and run is more serious and involves accidents where someone is injured or killed. The consequences for each vary significantly, with felony charges leading to much harsher penalties.
Understanding the distinction between these two types of hit-and-run car accident cases is important. It affects how we approach your defense and what outcomes might be possible. Our experienced team at Summit Defense is skilled at navigating these complexities in California law.
Why You Must Stay at the Scene of an Accident in San Jose
It doesn’t matter if you caused the crash or not. Once you stop, you must:
- Share your name, address, and vehicle registration with the other driver
- Show your driver’s license if asked
- Provide reasonable help to anyone who is injured, such as calling 911
Leaving the scene, even for a short time, can result in hit and run charges. Many people panic and drive away without thinking. But leaving only makes things worse. If you have already left the scene, the best thing you can do is contact a hit and run attorney in San Jose right away.
A hit-and-run conviction carries serious legal repercussions. You could face fines, jail time, and a mark on your criminal record. These consequences can affect your life for years, making it harder to find jobs or maintain certain professional licenses. The stakes could be higher if you were under the influence of drugs or alcohol.
Penalties for Hit and Run Convictions in Santa Clara County
For a misdemeanor hit and run in California, you might face fines up to $1,000 and up to six months in county jail. It also leads to two points on your driving record. Misdemeanor charges are detailed in California PC 20002.
For a felony, the penalties are more severe, with the potential for four years in state prison. Felony cases are detailed in California PC 20001. Regardless of the charge you are facing, reach out to us as soon as possible for legal representation.
Impact on Your Driving Record and Insurance
A hit-and-run auto accident conviction can hurt your driving record and cause your insurance rates to skyrocket. Points will accumulate on your driving record, potentially leading to a suspended license. Your insurance company may increase your rates or cancel your policy because of the heightened risk you represent.
Immediate Steps After a Hit-and-Run Accident in San Jose
- Check for injuries. Immediately check if anyone is hurt and needs medical attention. Even common car accident injuries can be very serious.
- Call the police. Report the accident to the police, even if the other driver has fled.
- Gather information. Collect as much information as you can from witnesses and take photos of the scene.
- Don’t admit fault. Use caution not to admit fault at the scene; the investigation will determine what happened.
- Contact your insurance company. Inform your insurance company about the accident as soon as possible.
- Keep records. Save all documentation related to the accident, including medical bills and repair estimates.
- Consult a lawyer. Contact a San Jose hit-and-run lawyer to discuss your rights and next steps.
The Importance of Prompt Legal Consultation
Seeking legal advice quickly after a hit and run is crucial. A lawyer can guide you through the process, protecting your rights. They can also gather evidence and build your defense or claim early on.
Getting legal help early improves your chances of a favorable outcome. A lawyer can make a big difference, whether you’re facing charges or dealing with the aftermath as a victim. Our team at Summit Defense is here to offer support and expertise from the moment you reach out to us.
Defending Against Hit and Run Allegations
- Challenging evidence: We scrutinize the evidence against you, looking for inaccuracies or misinterpretations.
- Witness testimonies: We assess witness statements for reliability and consistency, which can be crucial in your defense.
- Proving lack of knowledge: We can use this in your defense if you weren’t aware you had been involved in an accident.
- Alibi defense: Demonstrating that you were not at the scene can effectively counter the charges.
- Negotiating plea deals: Sometimes, a plea for lesser charges is the best strategy. We’re skilled at navigating these discussions to your advantage.
How Our San Jose Hit and Run Lawyer Challenges Evidence and Witness Testimonies
Our San Jose hit-and-run lawyer critically examines all evidence and witness testimonies. We look for inconsistencies or anything that might weaken the prosecution’s case. By challenging the reliability of the evidence, we can often negotiate better outcomes or even get charges reduced or dismissed.
We know the importance of a complete investigation and a strong defense strategy. Our expertise allows us to challenge evidence effectively, providing you with the best possible defense against hit-and-run allegations.
San Jose Practice Areas
How To Bring Your Insurance Rates Back Down
After a hit-and-run, your insurance rates might increase, but there are ways to bring them back down. Shopping around for new insurance, taking a defensive driving course, and improving your credit score can all help. It’s also worth discussing your situation with your insurance agent to explore all possible options for reducing your rates.
Patience and proactive steps are key to managing insurance costs post-accident. Our team can also offer advice on dealing with insurance issues related to your hit-and-run case.
How Summit Defense Can Help with Your Hit and Run Case
- Expert Legal advice: We offer expert legal advice tailored to your hit-and-run case, guiding you through the legal process.
- Personalized defense strategies: Our defense strategies are personalized to fit the details of your case, increasing the chances of a favorable outcome.
- Negotiation skills: Our team has strong negotiation skills, which are crucial for plea deals or reducing charges.
- Experience with hit and run cases: We have extensive experience handling hit and run cases in San Jose, giving us a deep understanding of the best approaches.
Frequently Asked Questions About Hit and Run Charges in San Jose
What is the difference between a misdemeanor and felony hit and run in California?
A misdemeanor hit and run under Vehicle Code 20002 involves leaving the scene of an accident that caused only property damage. Penalties include up to six months in county jail and a fine of up to $1,000. A felony hit and run under Vehicle Code 20001 involves leaving the scene where another person was injured or killed. Penalties include up to four years in state prison (or more if there was a death) and fines up to $10,000. Both charges are prosecuted aggressively in Santa Clara County.
Will I lose my driver’s license for a hit and run in San Jose?
A hit and run conviction can result in a suspension of your driver’s license by the California DMV. For a misdemeanor hit and run, the DMV may impose a license suspension. For a felony hit and run, a longer suspension or revocation is likely. Your insurance rates will also increase significantly. An experienced attorney can fight to protect both your freedom and your driving privileges.
What should I do if I left the scene of an accident in San Jose?
If you left the scene of an accident, contact a defense attorney immediately before speaking with police. An attorney can advise you on how to handle the situation, including whether and how to report the accident. Acting quickly can sometimes help minimize the consequences. Call Summit Defense at 866-504-2922 for immediate guidance.
Can I face hit and run charges in San Jose even if no one was injured?
Yes. Under Vehicle Code 20002, you can be charged with a misdemeanor hit and run in San Jose even if nobody was hurt. The law requires all drivers to stop and exchange information after any accident that causes property damage. The Santa Clara County District Attorney’s Office regularly files these charges, even for minor fender benders. Leaving the scene without stopping is a crime in California, no matter how small the damage may seem.
How can a San Jose hit and run lawyer help me?
A San Jose hit and run lawyer can review the evidence in your case, identify weaknesses in the prosecution’s argument, and build a defense strategy designed to get the best result. This could mean getting charges reduced, dismissed, or winning at trial. Your lawyer can also handle communication with the police and prosecutors on your behalf, which protects you from saying something that could hurt your case. If you are also facing related charges like drug crimes or domestic violence, our team can handle those matters together.
What happens if someone was killed in a San Jose hit and run accident?
If someone was killed in a hit and run in San Jose or anywhere in Santa Clara County, you could face felony charges under Vehicle Code 20001 with enhanced penalties. This can include several years in state prison and substantial fines. The Santa Clara County District Attorney may also file additional charges like vehicular manslaughter. These are among the most serious cases we handle. Our violent crimes defense team has the experience to fight these charges in San Jose courts.
If you’re involved in a hit-and-run in San Jose, you must get legal help immediately. Summit Defense is here for you. Our experienced team can provide the support and defense you need. We’re dedicated to your case from the moment you reach out for a consultation.
Don’t let a hit-and-run charge or accident overwhelm you. Contact us today to schedule a consultation with a San Jose hit-and-run lawyer. We’re ready to listen to your story, offer advice, and work on your defense. Let us help you navigate this challenging time with confidence and clarity.
Courts That Handle Criminal Defense Cases In San Jose, Ca
The Main Jail
All inmates are initially booked through this correctional facility in Downtown San Jose.
Elmwood Correctional Facility
This correctional facility in Milpitas has complexes for both male and female inmates.
JAILS IN SAN JOSE CA
The Main Jail
All inmates are initially booked through this correctional facility in Downtown San Jose.
Elmwood Correctional Facility
This correctional facility in Milpitas has complexes for both male and female inmates.
Driving Directions To Our San Jose Criminal Law Office
From North (River Oaks)
From River Oaks, get into River Oak Pkwy going South-West. Follow this road, passing Villagio, Epic Apartment Homes, and Hobee’s as you go. This will turn into E Plumeria Dr. Follow for two blocks until you reach Zanker Rd., then take a left. On Component Dr., take a left. Our Office will be on your right, next to Specialties Café & Bakery.
From East (Berryessa)
Get on Murphy Ave driving West. This will turn into E Brokaw Rd. just as you pass City Sports Club and Sprouts Farmer’s Market. Continue West on Brokaw, passing over Coyote Creek and underneath I-880. Once you reach Pacific Bay Recycling Center and Porcelanosa San Josa, take a right onto Zaker Rd. Follow Zanker for just under a mile, until you reach Component Dr. Take a left on Component, and our office will be on your right, right next to LG Display America.
From South (Downtown San Jose)
From Downtown San Jose, hop on CA-87 N heading to North San Jose. Continue North, passing Guadalupe Park, Columbus Park, and Norman Y. Mineta San Jose Intl. Airport. Take exit 9A toward N 1st St. Once you see PayPal Headquarters, take a left onto N 1st St. Follow N 1st St., once you see Ebay’s headquarters on your left, our office is on the right side of the street.
From West (Santa Clara)
Driving Directions To Our San Jose Criminal Law OfficeStart by heading North on Scott Blvd. Follow Scott for 1.3 miles. Once you see NVIDIA on your left and Owen’s Corning on your right, turn right onto Central Expy. Once you reach the airport, take a left onto W Trimble Road. Pass under Highway 101 and over the Guadalupe River, passing Lumileds on your right. Take a right onto Orchard Pkwy, then a quick left onto Component Dr. Our office is on your left after Ebay.
Let us help you fight for your future.
When you or a loved one has been charged with a crime, you need to act quickly. Your future depends on the kind of defense you can build, and time is not on your side. Connecting with a Bay Area criminal defense lawyer from Summit Defense can give you a better chance at getting your charges dropped, reduced, or dismissed altogether. We offer in-office visits, but you are welcome to request in-home consultations.
Contact Us Now For a Free Consultation