Is a Hit and Run a Felony in North Carolina?
In the state of North Carolina, leaving the scene of an accident without providing identification and insurance information is a serious offense that can result in severe penalties. But is it always a felony? In this article, we will delve into the laws surrounding hit and run accidents in North Carolina and explore the circumstances under which it can be considered a felony.
What is a Hit and Run?
A hit and run, also known as a leaving the scene of an accident, occurs when a driver is involved in a collision and then leaves the scene without providing identification and insurance information to the other parties involved. This can include failing to stop and provide information, or failing to render aid to anyone who may have been injured in the accident.
Is a Hit and Run a Felony in North Carolina?
Generally, no. In North Carolina, a hit and run is considered a misdemeanor offense, unless the accident results in serious injury or death. According to North Carolina General Statute 20-141.5, leaving the scene of an accident is a Class 1 misdemeanor, punishable by a fine of up to $2,500 and up to 60 days in jail.
However, there are exceptions.
- If the accident results in serious injury, the hit and run charge can be upgraded to a felony. According to North Carolina General Statute 20-141.6, leaving the scene of an accident resulting in serious injury is a Class I felony, punishable by a fine of up to $10,000 and a prison sentence of up to 5 years.
- If the accident results in death, the hit and run charge can also be upgraded to a felony. According to North Carolina General Statute 20-141.7, leaving the scene of an accident resulting in death is a Class B2 felony, punishable by a fine of up to $50,000 and a prison sentence of up to 20 years.
Circumstances that Can Increase the Severity of a Hit and Run Charge
While a hit and run is generally considered a misdemeanor offense, there are certain circumstances that can increase the severity of the charge:
- Injury or death to a pedestrian or bicyclist: If a pedestrian or bicyclist is injured or killed in the accident, the hit and run charge can be upgraded to a felony.
- Injury or death to a vulnerable road user: If a vulnerable road user, such as an elderly or disabled person, is injured or killed in the accident, the hit and run charge can be upgraded to a felony.
- Hit and run involving a commercial vehicle: If a commercial vehicle is involved in the accident, the hit and run charge can be upgraded to a felony.
- Hit and run involving a motor vehicle with a suspended or revoked license: If the driver of the motor vehicle involved in the accident has a suspended or revoked license, the hit and run charge can be upgraded to a felony.
Penalties for a Hit and Run Conviction
If convicted of a hit and run offense, the penalties can be severe. In addition to fines and imprisonment, a hit and run conviction can also result in:
- Loss of driver’s license: A hit and run conviction can result in the suspension or revocation of your driver’s license.
- Increased insurance rates: A hit and run conviction can result in increased insurance rates.
- Criminal record: A hit and run conviction can result in a criminal record, which can affect future employment and education opportunities.
Conclusion
In conclusion, while a hit and run is generally considered a misdemeanor offense in North Carolina, there are certain circumstances under which it can be upgraded to a felony. It is important to understand the laws surrounding hit and run accidents in North Carolina and to take the consequences of leaving the scene of an accident seriously.
