Criminal charges for a hit and run accident can be extremely serious depending on the circumstances and rise to the level of a misdemeanor or felony offense. A DeKalb County hit and run lawyer could be a valuable asset during all phases of your case.
Learn more about Georgia’s law against leaving the scene of a car accident and how a skilled car accident attorney could advocate for your rights before, during, and after trial.
A Driver’s Obligations to Stop and Render Aid After a Car Accident
Georgia Code § 40-6-270 details a driver’s obligations after their involvement in an accident that results in injury, death, or property damage. Drivers have a duty to stop their vehicle, return to the scene of the accident, and provide the following:
Contact information, including name, address, vehicle registration, and driver’s license
Provide reasonable assistance to any person injured by either transporting or arranging transportation to a medical care provider
Make efforts to ensure contact of emergency responders to request assistance and report the accident in cases where an injured person appears unconscious, deceased, or unable to communicate
The driver must remain at the accident scene until all these obligations are met. Additionally, these obligations exist regardless of whether a driver was at fault for causing the accident or not.
Possible Criminal Charges Arising from a Hit and Run
Prosecution for a hit and run in DeKalb County can be a misdemeanor felony charge, depending on its severity.
Felony Hit and Run
If an accident results in death or serious injury, a hit and run can be a felony. The punishment for a felony hit and run in Georgia ranges from one to five years of imprisonment.
Misdemeanor Hit and Run
Hit and run accidents that result in non-serious injury or vehicle damage are punishable as a misdemeanor. Sentencing for a misdemeanor hit and run can include either or both a fine ranging from $300 to $1,000 and imprisonment of 12 months or less. Subsequent misdemeanor hit and run convictions within a five-year period can result in higher minimum fines. The minimum for a second conviction is $600, and the minimum for a third or subsequent conviction is $1,000.
A defendant must knowingly fail to stop after an accident to be guilty of a hit and run in Georgia. A legal professional may be able to assert arguments about a defendant’s knowledge in a case if they were unaware of the accident’s occurrence or if other elements of the crime were not met for the prosecution’s case. For example, the dispute may exist over whether a hit and run resulted in serious injury or not, which could lower a felony charge to a misdemeanor or vice versa. An experienced lawyer’s advocacy can also be valuable in the judge’s sentencing upon conviction by raising facts about a defendant that could warrant lesser punishment based on the circumstances.
Meet with a DeKalb County Hit and Run Attorney Today
The DeKalb County hit and run lawyers at Robert James are experienced litigators committed to providing a rigorous criminal defense for clients. We pride ourselves on our ability to take cases to trial and help clients understand their legal rights and options throughout the process. Schedule a consultation with our office today.