A hit and run charge is not just a traffic ticket. It has serious criminal effects, like a possible criminal record, fines, and losing your driver’s license. Your main hit and run defense is to challenge the prosecution’s case. You do this by challenging if you knew about the car accident or if you were the driver. A criminal defense lawyer can argue that you acted reasonably based on the accident scene. They can also prove that evidence like surveillance videos is not enough.
Torrone’s Takeaways
- A hit-and-run charge is a serious criminal offense.
- Penalties can include jail, a criminal record, and driver’s license suspension.
- The severity of criminal consequences depends on the accident’s outcome.
- Immediately contact a criminal defense attorney and remain silent with the police.
- Defenses to a hit & run may include lack of knowledge or mistaken identity.
- Evidence like surveillance footage is crucial for your criminal case.
- A civil compromise may lead to a misdemeanor charge dismissal.
- A Class C felony hit-and-run can mean significant prison time.
Table of Contents
What a Hit and Run Conviction Really Means
A hit-and-run charge in Washington state is a serious criminal offense with severe consequences that extend far beyond a traffic infraction. The criminal penalties change depending on the accident details. They especially depend on whether someone was hurt or killed.
An accident involving injury or death can result in a felony charge, while property damage might be a misdemeanor. A person can face jail time. They can also get large fines and have their license suspended.
The Harsh Reality of Fines, Jail, and License Suspension
For a hit and run felony (a Class C felony or a Class B felony), a criminal conviction can lead to extensive prison time. Even a hit and run misdemeanor conviction can result in a lengthy jail sentence. A guilty verdict often leads to more than jail time. It can also result in serious civil penalties.
This includes a separate civil case or lawsuit for damages. Your driver’s license will likely be suspended, and your insurance premiums will increase significantly. This can create a significant financial burden and limit your mobility.
How a Conviction Affects Your Life and Future
A criminal conviction for a hit-and-run creates a permanent criminal record. This record can cause many other problems. It can affect your:
- Professional licenses
- Job opportunities
- Housing applications
These are lasting effects that persist long after you have served your time and paid your fines. A conviction is not just about the immediate criminal consequences; it is about the long-term civil consequences that can limit your options for years to come.
Table: Hit and Run Penalties in Washington State
| Charge Type | RCW Citation | Description | Maximum Penalties |
| Simple Misdemeanor | RCW 46.52.010 | Damage to an unattended vehicle or property | 90 days in jail, $1,000 fine, no license suspension |
| Gross Misdemeanor | RCW 46.52.020 | Damage to an attended vehicle or property | 364 days in jail, $5,000 fine, 1-year license suspension |
| Class C Felony | RCW 46.52.020 | Accident involving injury | 5 years in prison, $10,000 fine |
| Class B Felony | RCW 46.52.020 | Accident involving death | 10 years in prison, $20,000 fine |
Hit and Run Defenses
A criminal defense attorney can employ several defense strategies to challenge hit-and-run charges. Success depends on the specific circumstances of the traffic collision and the evidence available. A strong defense can prevent a criminal conviction and the associated criminal consequences. Defenses often hinge on the defendant’s state of mind or whether they were truly the person responsible.
Arguing You Were Unaware of the Incident
A defendant in a hit-and-run case is not criminally responsible if they truly did not know a car accident happened. This defense is especially valid in cases with minor damage or where loud noises or music masked the sound of the crash. A criminal defense law firm can present evidence to support this claim, such as witness statements or accident reconstruction data. Without the intent to flee, there can be no crime.
The Mistaken Identity Defense
It is common for an officer investigating to mistake who was driving the vehicle. A criminal defense attorney can argue that the client was not the person at the accident scene. This may be done by:
- Challenging the accuracy of eyewitness identification.
- Presenting an alibi to prove the client was elsewhere.
- Analyzing surveillance footage or traffic camera footage to show the driver’s features are not a match.
This defense focuses on due process and the prosecution’s failure to definitively link the accused to the crime.
When an Emergency Justified Leaving the Scene
In certain limited situations, a driver may have had a valid reason for leaving the accident scene. This could be considered a defense. For example, an injured passenger might need immediate medical help. Or the driver might be running away from danger. The law requires people to take reasonable steps to report the incident later. A criminal case may be mitigated or even dismissed if a person demonstrates a compelling and valid reason for their departure.
Table: How a Defense Attorney Can Help
| Defense Strategy | How It Works |
| Lack of Knowledge | Your attorney argues that you were genuinely unaware of the traffic collision. This is often used in cases with minimal damage. |
| Mistaken Identity | Your lawyer challenges the prosecution’s claim that you were the driver. This defense is bolstered by an alibi or flawed witness identification. |
| Emergency Justification | Your attorney argues that a medical or safety emergency compelled you to leave the scene, and you took reasonable steps to report it later. |
| Civil Compromise | In a misdemeanor case, an attorney can negotiate with the victim to get your charge dismissed in exchange for restitution. |
| Plea Negotiations | Your lawyer can bargain for a plea to a lesser offense to avoid a severe criminal conviction and criminal consequences. |
Your First Moves After an Accusation
Being accused of a hit-and-run can be frightening, and what you do immediately following the accusation can significantly impact the outcome of your criminal case. Taking the right actions can make all the difference in your criminal defense. The initial steps you take are essential for protecting your rights and mounting an effective defense.
The Critical Need for Legal Counsel
The first and most important move is to immediately hire a criminal defense attorney. A qualified attorney can give you legal advice to protect you from serious criminal penalties after a hit-and-run accident. Lawyers at a good criminal defense firm have the experience to review the evidence against you. They can create a strong defense plan. They can protect your rights and act as a buffer between you and the authorities.
Why You Should Not Talk to the Police
Do not provide any witness statements to the police without your attorney present. Anything you say can be used against you. The investigating officer is building a criminal case. Any statements you make, even if they seem innocent, can be misunderstood or used to prove criminal guilt. It is your right to remain silent, and you should use it. Direct all inquiries to your attorney.
Starting to Build Your Own Case
While your lawyer works for you, you can help by collecting personal information and documents.
- Collect any documents related to the traffic crash, including dates, times, and locations.
- Note down any details you can recall about the automobile accident.
- Write down the contact information of any potential witnesses.
Providing all relevant information to your lawyer is a reasonable step toward building a strong defense. The more information they have, the better they can defend you.
Building Your Defense with Evidence
A strong criminal defense is built on solid evidence. A criminal defense lawyer will collect and study different types of evidence. They do this to challenge the criminal investigation and protect their client. The goal is to either disprove the prosecution’s claims or introduce reasonable doubt regarding your guilt.
Finding and Using Video Surveillance
Surveillance footage can be a powerful tool. A criminal defense law firm will work to obtain any surveillance or traffic camera footage from the area of the traffic collision. Video footage may show the car accident happened differently than the police report says. It might also show a different car, called a “phantom vehicle,” leaving the scene. The presence of a vehicle registration number or license plates in the footage can either help or harm a case.
Using Witness Statements in Your Favor
Witness statements can provide a perspective on the hit-and-run accident that is different from the police’s account. A criminal defense attorney will interview witnesses to gather information that supports your version of events. Sometimes, a witness might have a statement that:
- Confirms you were not the driver.
- Clarifies that you were unaware of the accident.
- Identifies a different vehicle as the cause of the crash.
A credible witness can be a game-changer.
The Role of Accident Reconstruction Specialists
In serious cases, your attorney may consult an accident reconstruction specialist. These experts study the physical evidence at the accident scene. They use it to build a scientific model of the car crash. They use their findings to challenge the prosecution’s story. They can show that the damage was small or that another vehicle caused it. This evidence can be vital in a civil case or a criminal case.
Navigating the Legal System
A person accused of a hit-and-run accident will enter a complex legal system. The specific path your criminal case takes depends on the severity of the alleged offense. With the help of an experienced criminal defense attorney, you can explore options that may lead to a reduced charge or even a full dismissal.
The Difference Between a Misdemeanor and Felony Case
The core distinction between these two criminal charges is the severity of the outcome. A hit and run misdemeanor typically involves only property damage, such as to a parked car or fence. A hit and run felony is a far more serious charge, where the accident involving injury or death to another person occurred. In Washington State, a Class C or Class B felony can lead to years in prison. A misdemeanor usually results in county jail time, fines, and other civil penalties.
Seeking a Civil Compromise to Avoid a Conviction
In certain misdemeanor cases, Washington law allows for a civil compromise. This is a powerful tool where:
- The person who was harmed receives full restitution for damages.
- The victim agrees in writing not to pursue the matter further.
- The judge approves the dismissal of the criminal charge.
This can be a path to avoiding a permanent criminal record and criminal conviction, though it is not an option for felony charges.
Plea Bargains and Other Negotiations
A skilled criminal defense law firm can negotiate with the prosecution to secure a favorable outcome without a trial. Plea bargaining is a common way to resolve a criminal case, where the defendant pleads guilty to a lesser offense in exchange for a lighter sentence. This can greatly lower fines, jail time, and how long your license is suspended. It reduces both civil problems and criminal guilt.
Other Charges that May Arise
A hit-and-run accident rarely happens in a vacuum. A criminal investigation can find other charges. These charges can make your criminal case more serious. It is common for a person to face several charges from one traffic accident. This leads to harsher criminal penalties and a more difficult legal defense.
The Complexities of a DUI and Hit and Run
When a hit-and-run accident is coupled with a DUI charge, the penalties become far more severe. In Washington State, DUI offenses can be classified as gross misdemeanors or, in some cases, felonies. If you combine the crime of DUI with leaving the scene, you can face mandatory prison time. You can also get large fines and a longer license suspension. A skilled criminal defense attorney will need to defend against both sets of charges simultaneously.
When a Simple Accident Becomes Vehicular Assault
An automobile accident becomes a much more serious matter if it causes an injury or death to another person. A driver in such a situation can be charged with vehicular assault, which is a Class B felony in Washington State. A conviction for this offense carries a potential sentence of up to 10 years in prison and a permanent criminal record. A criminal defense law firm must prove that you did not cause the injury. They can also show that the injury is not “substantial bodily harm” by law.”
Facing Other Traffic Offenses
Even if you avoid a felony, a hit-and-run can lead to other serious traffic offenses. An investigating officer may charge a person with reckless driving or other moving violations. Getting many violations can cause your license to be suspended again.
It also increases your costs because insurance premiums go up. Each one of these offenses adds to your criminal liability and your civil penalties. It is a good idea to consult a criminal defense attorney who can review all of the charges and develop a comprehensive defense.
The Importance of Professional Help
Facing criminal charges for a hit-and-run is scary. It comes with serious criminal penalties. The most effective way to protect your rights and your future is by securing professional legal representation. A skilled criminal defense lawyer can give very helpful advice. They act as your supporter during the whole legal process.
Why You Need a Local Washington Attorney
A lawyer with specific experience in Washington State law brings local knowledge that a distant firm lacks. A local criminal defense law firm knows the details of the Washington Code. They understand how local prosecutors act and how county courts work. They have a greater understanding of how criminal liability is handled within the state and can access resources to help your case.
The Benefits of a Confidential Consultation
Your first meeting with an attorney should be a confidential consultation. Under attorney-client privilege, everything you share with your lawyer is protected and cannot be used against you in court. This lets you be completely honest about the car accident. You can explain your role and any possible legal problems. It lets the lawyer fully understand your situation. Then the lawyer can find the best defense strategies from the start.
Questions to Ask a Potential Lawyer
Before you hire a criminal defense attorney, you should ask several key questions to ensure they are the right fit for your criminal case.
- What is your experience with hit-and-run charges in Washington?
- What are the likely outcomes in a case like mine?
- What is your fee structure and does it cover all court appearances?
Getting satisfactory answers to these questions will help you choose a lawyer who can provide the representation you need to defend against your charges.
Frequently Asked Questions
1. What are some common defenses to a hit-and-run charge?
Common defenses to hit and run include arguing that the driver was unaware a collision occurred or that they were not the person driving the vehicle at the time. A criminal defense lawyer can also argue that an emergency justified leaving the scene.
2. Can a misdemeanor hit-and-run be dismissed?
Yes, in some cases, a misdemeanor charge can be dismissed through a pretrial diversion program or a civil compromise. A person must typically pay restitution to the victim for any damages.
3. What is the difference between a felony and misdemeanor hit-and-run?
The difference is based on the result of the accident. If someone causes a hit-and-run accident that only damages property, it is a misdemeanor. If the accident causes a person’s death, it is a Second-Degree Felony.
4. Is a hit-and-run a violent crime?
Not all are classified as violent crimes. The classification depends on the presence of injury or death. An accident involving serious injury may be elevated to a felony charge.
5. What is a civil compromise?
A civil compromise is a legal agreement where a defendant pays a victim for damages in exchange for the victim agreeing to drop criminal charges. This is not an option for felony offenses.
6. What is bail forfeiture?
Bail forfeiture occurs when a defendant fails to appear in court as required. The court then takes the money or property put up for bail and issues a warrant for the defendant’s arrest.
Conclusion
Facing hit and run charges requires immediate and decisive action. The path you take now will dictate the future of your criminal record and driver’s license. To avoid a serious criminal conviction, you must talk to an experienced criminal defense lawyer. They can create a defense plan just for your case. Do not delay in seeking professional legal advice.
