Hit And Run Defense Lawyer in Santa Ana

A hit-and-run crime in California could mean misdemeanor or felony charges, so having an aggressive defense attorney can make the difference between minor penalties and life-long consequences.

The Law Office of Sheny Gutierrez has over 15 years of experience helping clients fight hit-and-run charges in Orange County. When you need an attorney with targeted expertise and tireless dedication, contact us for a free hit-and-run consultation.

What is a Hit-and-Run?

A hit-and-run is defined as leaving the scene of a car accident. It is a crime in California not to stop your vehicle and notify the appropriate authorities after an accident. If you cause property damage and no one is injured in the collision, fleeing the scene can result in misdemeanor charges. However, you may be charged with felony hit-and-run if someone was injured in the accident.

Misdemeanor Hit-and-Run Accidents

A misdemeanor hit-and-run occurs when a driver is involved in a collision that causes property damage and leaves the scene without providing information to the owner of the damaged property or notifying the local police department.

If you strike another vehicle with your car, you must provide your license and registration to the owner if they request it. This is true even for a parked car on the street or in a parking lot.

Examples of scenarios that could be considered a hit-and-run in Southern California:

Hitting another car in a parking lot and driving away without leaving a note
Backing into a mailbox and fleeing the scene without notifying the owner
Rear-ending a truck at a stoplight and leaving without talking to the other driver

You must locate the owner of the other vehicle or damaged property and exchange information to avoid being charged with a hit-and-run. If you cannot find the owner, leaving a note with the required information is a suitable alternative.

Misdemeanor Hit-and-Run Penalties

If convicted of a misdemeanor hit-and-run involving no injuries, you could face the following legal consequences:

Up to six months in county jail
Fines of up to $1,000
Summary probation
Restitution for the property damage
Points on your driving record

Effective legal representation can have a significant impact on the outcome of your hit-and-run case. Criminal defense lawyer Sheny Gutierrez will build a hit-and-run defense that gives you the best chance at a successful case. A ruling of not guilty or a case dismissal is the ideal scenario, but when that’s not possible, we will fight for a ruling with the least negative impact.

Misdemeanor Hit-and-Run Defense Strategies

To secure a guilty verdict for a misdemeanor hit-and-run without injury, the prosecutor must prove that you were the driver of the vehicle that caused the property damage, that you knew or should have known you caused the damage, and that you willfully chose not to stop.

Your defense attorney can use a number of strategies to defend against a hit-and-run charge under California Vehicle Code Section 20002.

Unaware of the Damage

Minor accidents that cause no damage occur frequently. Additionally, it is not uncommon for barely noticeable scratches or dings to go unnoticed for long periods of time. If you can show that you were unaware of the damage because it was minimal and you didn’t see it or that the collision was so minor that you didn’t realize it occurred, you have a good chance at beating a hit-and-run charge.

You Weren’t the Driver

A hit-and-run accident happens quickly. Accurately identifying a vehicle or the driver is difficult, and misidentification can easily occur. Did you let someone else borrow your car on the day of the accident? Were you driving your car somewhere outside of Santa Ana and miles away from the accident? Shedding doubt on the prosecution’s case that you are the responsible driver can lead to a successful outcome in your hit-and-run case.

Felony Hit-and-Run Accidents

Not all California hit-and-run accidents are charged as misdemeanors. If the collision resulted in injury to another person, the charge may be classified as a felony. That’s because hit-and-run accidents that cause injury can be characterized as either a misdemeanor or a felony under California Vehicle Code Section 20001.

If you are proven guilty of a misdemeanor, you may face up to twelve months of jail time and up to $10,000 in fines. A felony offense can lead to as many as four years in state prison and fines of up to $10,000.

A solid defense strategy is crucial when an Orange County hit-and-run conviction could lead to a prison sentence or felony record. The Law Office of Sheny Gutierrez has extensive experience representing clients in Southern California in a variety of tough cases. We will build a strong and valid defense strategy to ensure our clients’ hit-and-run charges have minimal impact on their lives.

Legal Consequences of Felony Hit-and-Run Charges

Misdemeanor hit-and-run convictions involving injury carry up to one year of incarceration. Felony offenses can lead to up to four years in prison. Hit-and-runs that result in serious injuries or death carry a minimum of 90 days.

In addition to potential jail or prison time, a felony conviction can also lead to steep fines and suspension of your driver’s license. A civil suit may also be filed by the injured victim to seek compensation for their injuries and damages.