Hit and Run Florida: Misdemeanor or Felony?
In Florida, a hit-and-run involving only property damage is classified as a second-degree misdemeanor. However, when the crash results in serious bodily injuries or death, it becomes a third-degree felony or even a first-degree felony, depending on the severity.
In both cases, it’s necessary to seek skilled legal representation to protect your rights and build a strong defense. At Todd Miner Law, we understand the consequences of a hit-and-run charge and work tirelessly to reduce penalties. Whether you’re accused of leaving the scene of an accident with property damage, serious bodily injury, or even death, our legal team is here to guide you through the process. Call 407-894-1480 for a confidential consultation and let us help you build a strategic defense against accusations.
When Is Hit and Run a Misdemeanor or Felony in Florida?
In Florida, a hit-and-run accident is a misdemeanor if it involves only property damage and a felony if it results in injuries or death. Leaving the scene of an accident with property damage is a second-degree misdemeanor. Crashes that cause broken bones or death carry second-degree felony charges and lead to serious consequences.
Under Florida Statute §316.027, if a driver leaves the scene after causing injuries, they may face up to 5 years in jail and a $5,000 fine. On the other hand, if the accident resulted in a death, the offense becomes a first-degree felony. This will carry a mandatory minimum of four years in prison, up to 30 years, and a $10,000 fine. These criminal charges show Florida’s strict enforcement of hit-and-run offenses. Whether it’s a collision with a parked car or a crash involving multiple parties, drivers must offer support and provide their insurance information. If a driver doesn’t follow these rules, they may face severe penalties, including:
- Permanent criminal record
- Difficulties with background checks
- Permanent driver’s license revocation
- Increased auto insurance policy premiums
If you’re facing hit and run charges, consult our Orlando hit and run accident lawyer to understand your legal consequences, possible defenses, and options to reduce penalties. Our experienced legal representation can make all the difference and help you achieve a fair outcome in your hit-and-run case.
What Are the Differences Between Misdemeanor and Felony Charges?
Misdemeanors are less serious criminal offenses that include a punishment of up to one year in local jail. On the other hand, felonies are more severe crimes carrying penalties of over a year in state or federal prison. Felony may also result in long-term potential consequences like license suspension, loss of driving privileges, or difficulty securing employment.
Besides this, misdemeanors typically involve non-violent crimes such as shoplifting, reckless driving, or simple assault. These offenses are usually classified based on the maximum jail time:
| Class | Sentence Duration |
|---|---|
| Class A | Over 6 months, up to 1 year |
| Class B | Over 30 days, up to 6 months |
| Class C | Over 5 days, up to 30 days |
In comparison, felonies include serious crimes such as assault, drug trafficking, murder, and cases involving a hit-and-run driver. The types of felonies are categorized by the severity of punishment:
| Felony Class | Sentence Range |
|---|---|
| Class A | Life imprisonment or death |
| Class B | 25 years or more |
| Class C | 10–25 years |
| Class D | 5–10 years |
| Class E | 1–5 years |
To avoid these potential penalties, you need to hire an attorney. At Todd Miner Law, we have 30+ years of experience providing strategic, results-driven representation. So, if you’re facing charges or have been injured due to a car accident, reach out to us immediately to protect your future.
What Are the Penalties for a Hit-and-Run in Florida?
A hit-and-run in Florida can result in misdemeanor or felony charges, fines, driver’s license suspension, probation, and prison time, depending on the severity of the crash. Property damage-only crashes are generally charged as misdemeanors, while crashes involving injuries or death are felony offenses. Under Florida Statute § 316.027 and the Aaron Cohen Life Protection Act, penalties become much more severe when someone is injured or killed.
Here’s a key comparison of the penalties based on the crash outcome.
| Crash Outcome | Penalty |
|---|---|
| Property damage only | Second-degree misdemeanor, fines, and possible jail time |
| Crash involving injury | Third-degree felony, fines, and up to 5 years in prison |
| Crash involving serious bodily injury | Second-degree felony, fines, and up to 15 years in prison |
| Crash involving death | First-degree felony, mandatory minimum prison term of 4 years, fines, and up to 30 years in prison |
How Do Prior Convictions Affect Penalties in Hit and Run Cases?
If you have prior convictions, you may face severe penalties such as longer jail time, higher fines, and license suspensions. Even if you’re charged with a misdemeanor, it will become a felony. You cannot plead for leniency, especially if you left the accident scene without helping the other driver.
When you already have a misdemeanor conviction or similar offenses on your record, the court sees you as a repeat offender. If you leave the accident scene again, prosecutors may upgrade your charges to a second-degree felony. Even if the crash only involved property damage, you may face five years’ imprisonment. On the other hand, if the incident causes injury or death, the DUI-related hit-and-run penalties may increase.
Moreover, with a felony conviction, you’ll likely struggle to find employment or housing. You also lose eligibility for many diversion programs or reduced sentencing options. Therefore, to protect your future, you need experienced law offices to defend you. Our skilled attorney at Todd Miner Law can help you challenge past convictions and work toward minimizing the serious penalties you face.
How Does a DUI Affect a Hit-and-Run Charge?
When a negligent driver is under the influence and leaves the scene of a crash, especially one involving injury or death, the offense may become a first-degree felony. This will result in severe consequences like extended prison time, higher fines, and permanent license suspension.
Moreover, the court treats both the DUI and the hit-and-run crash as separate criminal offenses. As a result, the at-fault driver may be convicted on both charges. If the other driver suffers serious injury or dies, the penalties can reach up to 30 years in prison. Courts consider whether the person is a repeat offender or has a past felony conviction, which may eliminate the chance of appeal. These factors can also impact the severity of sentencing, including longer prison terms and higher fines.
How Does the Aaron Cohen Life Protection Act Affect Penalties?
The Aaron Cohen Life Protection Act increases penalties for hit-and-run drivers in Florida. It makes leaving the scene of a fatal crash a first-degree felony with up to 4 years in prison. This law does not provide emergency services, train responders, or help pay medical bills for people without insurance.
Florida passed the law in 2014 and named it after Aaron Cohen, a cyclist killed by a hit-and-run driver. After this incident, the at-fault driver received fewer penalties instead of being convicted of DUI. This sentence gave drunk drivers a reason to flee the scene after a crash. But now this law specifies that crashes involving serious injury or death, and enforces a mandatory minimum of four years in prison. The Act also increases license suspension periods and limits appeals for reduced sentences, especially for repeat offenders.
Moreover, this law states that drivers involved in serious accidents should stop immediately, remain at the scene, provide their insurance details, and provide medical assistance to the other party if needed. They must file a police report immediately and cooperate with authorities by giving witness statements to avoid severe penalties.
How Can Hit and Run Charges Impact Your Insurance Coverage in Florida?
A hit-and-run charge in Florida can lead to immediate insurance rate increases, policy cancellations, or the denial of future coverage. Insurance companies view such offenses as high-risk behavior, which increases your financial liability and limits your options for affordable protection.
Beyond the criminal consequences, a hit-and-run conviction can affect your ability to recover compensation for lost wages, vehicle damage, or medical expenses. Some insurers may deny coverage altogether, leaving you without financial aid during a challenging time. You may also be required to file an SR-22, which could significantly increase your costs. This situation may involve a complicated legal process, where having the right representation becomes essential to minimize long-term financial loss.
Todd Miner Law Will Protect Your Rights in a Hit and Run Case — Get a Free Consultation!
Being charged with a hit and run, whether it’s a misdemeanor or a felony, can seriously disrupt your life. If authorities accuse you of leaving the scene, you may face criminal penalties, higher insurance premiums, or even policy cancellation. Moreover, a conviction can limit your ability to recover compensation, claim lost wages, or secure financial help for accident-related expenses.
At Todd Miner Law, we’re here to protect your rights and fight for your future. With 30+ years of experience and a strong reputation in Florida, we know how to handle tough cases, deal with insurance companies, and build a defense. Whether it’s reducing charges or fighting for a dismissal, our goal is to help you handle accusations confidently. Visit us at 915 Outer Rd, Orlando, FL 32814, and contact us at 407-894-1480. Let our trusted team fight for you and get the outcome you deserve.
FAQs
Can You Face A Felony Conviction For Hitting An Unattended Car?
Yes, the court can convict you of felony charges if the hit-and-run causes significant property damage or injures someone in the crash. In Florida, leaving the scene without attempting to identify the vehicle’s owner or contacting authorities can increase the offense’s severity, especially if the damage is extensive.
How Does Leaving The Scene Affect Your Driver’s License?
Leaving the scene of an accident can lead to the suspension or revocation of your driver’s license. In Florida, if someone is injured or killed in the incident, the penalties are much more severe. The Department of Highway Safety may revoke your license for several years, depending on the extent of harm caused.
How Long Do Authorities Have To File Car Accident Charges?
Authorities in Florida generally have up to four years to file charges for misdemeanor car accident cases and up to three years for most felonies. However, if the crash involves serious injury, death, or a hit-and-run, the timeline may be extended based on evidence, the discovery of the suspect, or special circumstances.
Can A Hit-And-Run Lead To Both Criminal And Civil Liability?
Yes, a hit-and-run can result in both criminal and civil consequences. Criminal charges can include jail time and fines. On the other hand, civil liability may involve paying damages to the victim for injuries, lost wages, and emotional distress. Victims may also sue for punitive damages depending on the severity of the incident.
Is A Hit-And-Run Offense Worse If The Victim Is A Pedestrian?
Yes, courts consider a hit-and-run much more serious when the victim is a pedestrian. Florida law imposes severe penalties, including felony charges, longer prison sentences, and higher fines. Moreover, courts impose severe judgments because pedestrians have no protection and often suffer life-threatening injuries or death in such incidents.
Can Hit-And-Run Charges Be Upgraded To A Felony?
Yes, the court can upgrade hit-and-run charges to a felony if the incident causes serious bodily injury, death, or significant property damage. In Florida, even if the crash is minor, fleeing the scene without providing assistance or information can turn a misdemeanor offense into a third- or even first-degree felony.
Does Florida’s Hit-and-Run Law Apply To Pedestrians?
Yes, Florida’s hit-and-run laws apply to all individuals, including pedestrians. If a driver hits a pedestrian and leaves the scene without offering aid or notifying authorities, it can lead to severe criminal charges. Felony charges also apply if the pedestrian suffers serious injury or dies, and the driver also faces civil liability and license suspension.
