Is a Hit and Run a Felony in Texas?
A hit and run, also known as hit and run driving or abandon vehicle, is a crime that involves leaving the scene of an accident without reporting it to the authorities and providing proper identification and assistance to those who have been injured or killed. The severity of the charges can vary depending on the specific circumstances of the incident.
What is Considered a Hit and Run?
A hit and run is typically defined as when a person operates a motor vehicle, or is driving and, regardless of cause orfault, unintentionally cause to run (meaning collision of such vehicle) a pedestrian or another motor vehicle and in the failure to give required information. The key components of a hit and run are:
- Causing a collision involving a motor vehicle, pedestrian, or another motor vehicle
- Leaving the scene of the accident
- Failing to provide the required identification and contact information to any injured parties, witnesses, or police officers
- Failing to report the accident to the police in a timely manner
The Severity of a Hit and Run in Texas
Misdemeanor versus Felony
In Texas, hit and run cases can be charged as misdemeanors or felonies depending on the severity of the accident and the specific laws that are applicable.
| Class of Hit and Run | Possible Sentence |
|---|---|
| Class C Misdemeanor | Up to 60 days in jail, and/or up to $200 fine |
| Class B Misdemeanor | Up to 180 days in jail, and/or up to $2,000 fine |
| Felony (3rd-degree) | Up to 10 years in prison, and/or up to $10,000 fine |
| Felony (2nd-degree) | 2 to 20 years in prison, and/or up to $10,000 fine |
| Felony (1st-degree) | 5 years to life in prison, and/or up to $10,000 fine |
Determining the Class of Hit and Run
The severity of a hit and run in Texas can be determined by several factors, including:
- Injury or death of a party involved in the accident: If a person is killed or injured as a result of the hit and run, the charges are generally more severe.
- Number of prior offenses: If an individual has committed a previous hit and run, they may be more likely to be charged with a more serious offense, such as a felony, than an individual without any prior offenses.
- Presence or absence of serious injuries: Accidents that cause serious or catastrophic injuries tend to result in more serious charges.
Exemptions to the Laws
While the laws concerning hit and runs are fairly strict, there are a few situations in which an individual may be excused from reporting an accident. These exemptions may include:
- When another person involved in the accident is required to report it
- When an injury or fatality occurred without the operator of a vehicle being notified
- In cases of unavoidable or natural disasters that cause damage
Penalties and Consequences
The consequences for a hit and run can be severe and far-reaching. Not only may you face fines and imprisonment, but you may also suffer from long-term legal consequences, such as:
- Licensing suspensions or revocations
- Insurance premium increases or cancellation
- Property damage claims and civil liability
- Damage to your personal and professional reputation
What to Do if You Are Accused of a Hit and Run in Texas
If you have been accused of a hit and run in Texas, it is essential to speak with a qualified criminal defense attorney who is familiar with the state’s hit and run laws. A experienced attorney can help you understand the charges and the potential penalties and consequences.
Some tips on what to do if accused of a hit and run include:
- Seek legal advice: Speak with a criminal defense attorney immediately, as it is essential to understand the charges and develop a plan to protect your rights and interests.
- Stay at the scene: If you have remained at the scene of the accident, try to remain at the location and provide whatever information is necessary to facilitate any police investigations and crash analysis.
- Contact police: Even if you stay at the scene, inform the authorities as soon as possible to provide an honest account of the events.
- Do not resist: It is essential not to resist the investigation and cooperate with authorities.
Conclusion
A hit and run in Texas can result in serious criminal charges and potential penalties, including imprisonment. It is crucial to understand the laws and consequences if you find yourself in this situation.
By providing an honest and accurate account of the incident, staying at the scene, and consulting a qualified attorney, you may be able to reduce your exposure to legal and personal consequences.
Remember, always prioritize road safety and practice defensive driving techniques to avoid the possibility of getting involved in a hit and run accident.
Remember, always consult with an attorney, **your interests are their top priority.
