Los Angeles Hit And Run Attorney
When it comes to hit-and-run accidents, a number of important issues have to be grappled with as a Los Angeles criminal defense attorney when you're defending a client. One of the biggest ones is whether or not the hit-and-run caused property damage or injury.
Obviously, if an injury is involved, the prosecutors will be much harsher in how they handle the case. A civil suit against the person may also be filed, which will have to be resolved.
When a hit-and-run involves injury, the stakes are significantly higher. Such cases are often filed as felonies, potentially leading to prison time. In contrast, if it's a property damage case, it's more likely to be a misdemeanor. The potential severity of these legal consequences underscores the importance of seeking legal advice immediately.
We can employ various strategies in hit-and-run cases involving only property damage. We can often keep the person out of jail and even explore alternative sentences such as civil compromises and diversion programs. This provides a sense of control and encourages readers to seek legal advice.
Suppose it's a situation where an injury or death is involved with the hit and run. In that case, the prosecutors will usually assign that case to a more seasoned prosecutor, who will be looking to compensate the victim for their injuries and punish the defendant for their activities.
Suppose there's an alcohol or any type of substance abuse problem available at the time of the arrest. In that case, the person who is usually alcohol or any other substance who is impaired and gets in a hit and run will usually have additional allegations filed against them and be looking at additional punishment.
Hit and Run Death Cases
If a hit-and-run involves a death and the driver was under the influence, they could face a murder charge and a potential sentence of 15 years to life. This clarity helps readers understand the severity of their situation and the importance of seeking legal advice.
The reason that the prosecutors have such a severe charge for this is that they believe people in today's society know that if they drink and drive, then somebody could die.
If they run somebody over, kill them, and then leave the scene of the accident. In addition, to be charged with a felony hit and run with injury under California Vehicle Code 20001 VC, they'll also be likely charged with attempted murder and be facing a potential lifetime in prison.
I've done many of these cases recently, and the prosecution in LA County's charging policy has changed over the years.
Now, because of the internet and society and everything that's out there regarding hit-and-run accidents, death-related accidents, texting, and driving – the prosecutors take a very harsh position.
The first thing they're going to do if somebody is using not only alcohol but any other intoxicant drugs, prescription medication, marijuana, people are huffing stuff from cans.
Any of that stuff that causes a person not to be able to operate a motor vehicle safely and they do a hit-and-run accident and kill somebody – the first thing they're going to do is charge that person with murder.
Now, they may mitigate down to something lesser later on if they think that that's the right thing to do once they look at all the factors related to the hit-and-run accident.
But obviously, nobody wants to take that chance in the first place of being charged with such a serious crime – facing 15 to life.
This gives the prosecutors a huge hammer and what normally would be just an average hit-and-run case; once they throw that murder charge on there, now the person is in a very difficult position because if they fight the case and if they're not very sympathetic towards a jury, they could fight the case and lose.
Then, the judge would have no choice but to give them 15 to life if they're convicted of second-degree murder related to a fatality regarding a hit-and-run accident in LA.
What is the Best Strategy?
When you find yourself involved in a hit-and-run incident, your first step should be to seek the guidance of an attorney local to the jurisdiction where the incident occurred. This professional will be your strategic ally, helping you navigate the legal process and working towards a successful resolution.
Once I have this information, we will see what positive things we have in our favor and start putting together the plan for success.
For example, if you had insurance at the time of the accident, we can assist in fixing the other party's vehicle and see if they are willing to enter into a civil compromise with us.
A civil compromise is a legal agreement where the victim agrees to drop the charges in exchange for compensation or other considerations.
If we can convince the prosecutors to dismiss the case if the other party signs off on a civil compromise, then your hit-and-run will be dealt with, and your record will be preserved. This is where the expertise of an attorney is crucial, as they can negotiate and facilitate the civil compromise process on your behalf.
There are many different scenarios in a hit-and-run case. If someone was hurt during the accident, the case will be dealt with more seriously, and the person involved may be facing a felony and jail or prison time, depending on the extent of the injuries to the other party.
In a hit-and-run case, time is of the essence. The sooner you meet with an attorney, the sooner we can start the damage control process and take action. Early intervention can make a significant difference in the outcome of your case, empowering you to take proactive steps in your defense.
The key is not letting things spiral out of control by inactivity and permitting the police to put together the case, get it to the prosecutors, and then have the upper hand on you. This is when they arrest you and really try and stick it to you.
This is where we need to come in and make the right moves at the right time for maximum benefit. Inactivity can lead to the accumulation of evidence against you, making it harder to defend your case.
What Does the Law Say?
Did you get in an accident? Did you leave the scene? You can be charged with a hit-and-run! We hear about it almost every day in the news: a hit-and-run accident involving a collision with another car, a child riding a bike, or a family crossing the street.
A hit and run occurs when a person is driving their car and hits another vehicle, a person, or an object, and they do not stop.
California law requires that if you are involved in an accident, you must stop and provide proper identification to law enforcement or the other people involved. Many people may become scared and run, sometimes due to the serious nature of the accident, their immigration status, lack of insurance, DUI (Driving Under the Influence), or a variety of other reasons.
California Vehicle Code 20001 states that the driver of a vehicle that gets into an accident that results in injury or death of another person has to immediately stop at the scene of the accident and abide by certain requirements such as:
- Giving their name,
- Current residence address,
- Names and current residence addresses of any occupant of the driver's vehicle injured in the accident,
- Registration number of the car they are driving and
- Name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with and has to give the information to any traffic or police officer at the scene of the accident.
As you might guess, each case spins on its facts, and in order to make the right moves, we need to know where we stand and the extent of the damage we need to control. With the proper care and strategy, some amazing things can be done.
Some huge issues can be avoided by acting quickly so that law enforcement, the prosecutor, and the judge realize you are trying to make things right and not attempting to evade your responsibility for what happened. Your advocate in a hit-and-run case is the one who sets the plan and then tells you what you can do to have a successful outcome in your case.
What Are the Penalties?
To convict you of a hit and run, the prosecutor must prove beyond a reasonable doubt that you:
- Were involved in the accident,
- That you knew an accident occurred,
- That you knew someone was injured or killed or
- That the accident was of such a nature that it would be probable that someone would be injured or killed and
- That you failed to abide by the requirements above.
As your defense attorney, we aim to protect you and assert any defenses applicable to your case.
We can help you if you are under investigation for or have been accused of a hit-and-run. We can speak to the police for you.
If convicted of a hit and run in California, depending on the seriousness of your case and if anyone died as a result of the accident, you could be facing a vehicular manslaughter charge in addition to severe penalties, which may include the following:
- Up to 9 years to life in prison
- Felony charge
- Up to $10,000 fine
- Revocation of your driver's license
- Impoundment of your vehicle
- DMV (Department of Motor Vehicles) school
- Points on DMV record
- Community service
- Probation
- Criminal record for life
Hiring a professional lawyer allows you to receive only a minimal sentence, possibly avoiding jail time altogether. We understand all DMV and criminal law areas and will look for every opportunity to maintain your freedom. The Hedding Law Firm is based in Los Angeles, CA.
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