Is a Hit and Run a Felony in Arizona?
Direct Answer
Yes, a hit and run can be a felony in Arizona, depending on the circumstances of the incident. According to Arizona Revised Statute (ARS) 28-663, a hit and run driver can face felony charges if they cause serious physical injury or death to another person.
What is a Hit and Run?
A hit and run occurs when a driver is involved in an accident and leaves the scene without providing any identifying information or rendering aid to anyone who may have been injured. This includes leaving the scene without calling the police, providing emergency assistance, or exchanging insurance information with the other party.
Types of Hit and Run Charges in Arizona
In Arizona, there are several types of hit and run charges, each with different penalties and severity levels. The most severe charges are typically reserved for cases where the driver caused serious physical injury or death to another person.
Felony Hit and Run Charges
- Accident Causing Serious Physical Injury or Death: A driver who causes serious physical injury or death to another person in a hit and run accident can face a Class 3 felony, which carries a minimum sentence of 2.5 to 5 years in prison and a maximum sentence of 10 to 12.5 years in prison. (ARS 28-663)
- Accident Causing Harm to an Unborn Child: A driver who causes harm to an unborn child in a hit and run accident can face a Class 4 felony, which carries a minimum sentence of 1.5 to 3.5 years in prison and a maximum sentence of 5 to 6.5 years in prison. (ARS 28-663)
Misdemeanor Hit and Run Charges
- Accident Causing Damage to Property: A driver who causes damage to property in a hit and run accident can face a Class 1 misdemeanor, which carries a maximum sentence of 6 months in jail and a fine of up to $2,500. (ARS 28-663)
- Accident Causing Injuries: A driver who causes injuries to another person in a hit and run accident can face a Class 2 misdemeanor, which carries a maximum sentence of 4 months in jail and a fine of up to $750. (ARS 28-663)
Penalties for Hit and Run in Arizona
In addition to fines and imprisonment, drivers convicted of hit and run in Arizona may also face additional penalties, including:
- License Suspension: The Arizona Department of Transportation may suspend a driver’s license for a period of up to 3 years. (ARS 28-663)
- Ignition Interlock Device: A driver convicted of a felony hit and run may be required to install an ignition interlock device on their vehicle for a period of up to 2 years. (ARS 28-663)
- Community Service: A driver convicted of a misdemeanor hit and run may be ordered to perform community service for up to 100 hours.
Consequences of Leaving the Scene of an Accident
In addition to criminal penalties, leaving the scene of an accident can also have serious consequences for the driver and their insurance rates. Drivers who leave the scene of an accident without providing any identifying information may face:
- Insurance Rate Increases: Insurance rates may increase significantly due to the driver’s failure to report the accident and cooperate with the insurance company.
- Loss of Insurance Coverage: In some cases, a driver who leaves the scene of an accident without providing any identifying information may lose their insurance coverage.
Conclusion
In Arizona, a hit and run can be a felony charge if the driver causes serious physical injury or death to another person. Drivers who leave the scene of an accident without providing any identifying information or rendering aid to anyone who may have been injured can face serious penalties, including fines, imprisonment, and license suspension. It is important for drivers to stop and render aid in the event of an accident to avoid facing criminal and financial consequences.
Frequently Asked Questions
- What is the most severe hit and run charge in Arizona? The most severe hit and run charge in Arizona is a Class 3 felony, which carries a minimum sentence of 2.5 to 5 years in prison and a maximum sentence of 10 to 12.5 years in prison.
- How long can a driver’s license be suspended for hit and run in Arizona? A driver’s license can be suspended for a period of up to 3 years for hit and run in Arizona.
- What is the penalty for leaving the scene of an accident without providing any identifying information? Leaving the scene of an accident without providing any identifying information can result in a maximum sentence of 6 months in jail and a fine of up to $2,500.
Table: Hit and Run Penalties in Arizona
| Charge | Penalty |
|---|---|
| Class 3 Felony (Accident Causing Serious Physical Injury or Death) | 2.5 to 5 years in prison, maximum 10 to 12.5 years in prison |
| Class 4 Felony (Accident Causing Harm to an Unborn Child) | 1.5 to 3.5 years in prison, maximum 5 to 6.5 years in prison |
| Class 1 Misdemeanor (Accident Causing Damage to Property) | 6 months in jail, maximum fine $2,500 |
| Class 2 Misdemeanor (Accident Causing Injuries) | 4 months in jail, maximum fine $750 |
Bullets List: Consequences of Leaving the Scene of an Accident
• Insurance rate increases
• Loss of insurance coverage
• Criminal charges
• Civil lawsuits
• Potential imprisonment
