Is a hit and run a felony in Massachusetts?

Is a Hit and Run a Felony in Massachusetts?

In Massachusetts, a hit and run accident can result in severe consequences, including criminal charges. The severity of the charges depends on the specific circumstances of the accident, including the extent of any injuries or property damage caused. In this article, we will explore the answer to the question: is a hit and run a felony in Massachusetts?

What is a Hit and Run?

A hit and run, also known as leaving the scene of an accident, occurs when a driver is involved in a motor vehicle accident and fails to stop and identify themselves, provide assistance if needed, and report the accident to the police or other authorities. This offense is defined in Massachusetts General Laws, Chapter 90, Section 24.

Penalties for Hit and Run in Massachusetts

The penalties for hit and run in Massachusetts vary depending on the severity of the accident. Here are the possible penalties:

• Accidents with minor damage: Leaving the scene of an accident with minor damage (typically defined as less than $1,000 in property damage) is a civil offense, punishable by a fine of up to $100.
• Accidents with property damage: Leaving the scene of an accident with property damage (typically defined as $1,000 or more in property damage) is a misdemeanor, punishable by up to 2 years in jail and a fine of up to $5,000.
• Accidents with personal injury: Leaving the scene of an accident with personal injury (regardless of the extent of the injury) is a felony, punishable by up to 2.5 years in state prison and a fine of up to $5,000.
• Accidents with serious personal injury or death: Leaving the scene of an accident resulting in serious personal injury or death is a felony, punishable by up to 5 years in state prison and a fine of up to $5,000.

When is a Hit and Run a Felony in Massachusetts?

A hit and run is considered a felony in Massachusetts when it results in serious personal injury or death. The following factors can elevate the offense to a felony:

• Serious personal injury: Serious personal injury is defined as an injury that requires immediate medical attention, including surgery, hospitalization, or a prolonged stay in a hospital or medical facility.
• Death: Leaving the scene of an accident resulting in the death of another person is a felony, regardless of the circumstances.

Enhanced Penalties for Aggravating Factors

Massachusetts law provides for enhanced penalties for certain aggravating factors, including:

• Reckless conduct: Leaving the scene of an accident while engaging in reckless conduct, such as speeding or driving under the influence, can result in increased penalties.
• Prior convictions: A defendant with prior convictions for leaving the scene of an accident may face increased penalties for subsequent offenses.
• Injury or death to a vulnerable victim: Leaving the scene of an accident resulting in injury or death to a vulnerable victim, such as a child or elderly person, may result in increased penalties.

Defenses to Hit and Run Charges

While hit and run charges can be serious, there are potential defenses that may be available to defendants. These may include:

• No knowledge of the accident: A defendant may argue that they did not know about the accident or did not realize they were involved in an accident.
• Reasonable mistake: A defendant may argue that their failure to stop and investigate was a reasonable mistake or error in judgment.
• Other factors: A defendant may argue that other factors, such as the actions of another party, contributed to their failure to stop and investigate.

Conclusion

In Massachusetts, a hit and run is a serious offense that can result in severe penalties, including criminal charges. While the penalties for hit and run vary depending on the circumstances of the accident, leaving the scene of an accident resulting in serious personal injury or death is considered a felony. It is essential for drivers to exercise caution and responsibility on the road, and to stop and investigate any accident in which they are involved.

Table: Penalties for Hit and Run in Massachusetts

Bullets: Factors That Can Elevate a Hit and Run to a Felony

• Serious personal injury
• Death
• Reckless conduct
• Prior convictions for leaving the scene of an accident
• Injury or death to a vulnerable victim