Is a Hit and Run a Felony?
What is a Hit and Run?
A hit and run is a serious offense where a driver fails to stop at the scene of an accident, causing injury or property damage, and then leaves the scene without providing any identification or assistance to those involved. This offense is also known as leaving the scene of an accident (LSA) or failing to remain at the scene of an accident (FRTSA).
Is a Hit and Run a Felony?
In General
A hit and run is generally a misdemeanor offense, punishable by fines, community service, and even jail time. However, the severity of the punishment can vary depending on the state and the circumstances of the accident.
State-by-State Breakdown
Here is a breakdown of how different states view hit and run as a felony:
| State | Hit and Run Felony |
|---|---|
| Alabama | No |
| Alaska | No |
| Arizona | No |
| Arkansas | Yes (in some cases) |
| California | No |
| Colorado | Yes (in some cases) |
| Connecticut | No |
| Delaware | Yes (in some cases) |
| Florida | Yes (in some cases) |
| Georgia | No |
| Hawaii | No |
| Idaho | No |
| Illinois | No |
| Indiana | Yes (in some cases) |
| Iowa | No |
| Kansas | Yes (in some cases) |
| Kentucky | No |
| Louisiana | No |
| Maine | No |
| Maryland | Yes (in some cases) |
| Massachusetts | No |
| Michigan | No |
| Minnesota | Yes (in some cases) |
| Mississippi | No |
| Missouri | No |
| Montana | No |
| Nebraska | No |
| Nevada | No |
| New Hampshire | No |
| New Jersey | Yes (in some cases) |
| New Mexico | Yes (in some cases) |
| New York | Yes (in some cases) |
| North Carolina | No |
| North Dakota | No |
| Ohio | Yes (in some cases) |
| Oklahoma | No |
| Oregon | No |
| Pennsylvania | Yes (in some cases) |
| Rhode Island | No |
| South Carolina | No |
| South Dakota | No |
| Tennessee | No |
| Texas | No |
| Utah | No |
| Vermont | No |
| Virginia | Yes (in some cases) |
| Washington | No |
| West Virginia | No |
| Wisconsin | No |
| Wyoming | No |
What Constitutes a Felony Hit and Run?
In general, a felony hit and run occurs when the following circumstances are met:
• Serious Injury or Death: A hit and run results in serious injury or death, and the driver flees the scene without stopping or rendering aid.
• Property Damage: A hit and run causes significant property damage, such as total destruction of a vehicle or significant damage to multiple structures.
• Reckless Behavior: The driver’s actions are deemed reckless, such as driving drunk or with a suspended license, and the hit and run results in injury or property damage.
• Prior Convictions: A driver has a prior hit and run conviction or has a history of reckless or dangerous driving.
Penalties for Felony Hit and Run
The penalties for felony hit and run can be severe and vary depending on the state. Some possible penalties include:
• Jail Time: 1-5 years or more in state prison
• Fines: Up to $50,000 or more in fines
• Restitution: Mandatory restitution to the victims or property owners
• Community Service: 100-200 hours of community service or more
• Driver’s License Suspension: Permanent or temporary suspension of driving privileges
• Other: Possible mandatory attendance of a driving safety course or completion of a treatment program
Conclusion
In conclusion, while a hit and run is generally considered a misdemeanor offense, there are certain circumstances where it can be considered a felony. It is essential for drivers to understand the laws and consequences of their actions, especially in cases involving serious injury or death, property damage, or reckless behavior. If you are facing a hit and run charge, it is crucial to seek legal representation and guidance from a qualified attorney to help minimize the potential consequences.
