Fighting Philadelphia Hit and Run Charges

Fighting Philadelphia Hit and Run Charges

Getting charged with a hit and run in Philadelphia can be scary. Let’s talk about what these charges mean, potential defenses, and things you can do to help your case.

What Exactly is a “Hit and Run”

A hit and run basically means you were involved in an car accident that resulted in damage or injury, and then you left the scene without stopping to exchange information or render aid.

The specific charges in PA are:

• Accidents involving death or personal injury – 75 Pa.C.S. § 3742. This is a felony charge if someone died or suffered serious bodily injury.
• Accidents involving damage to attended vehicle or property – 75 Pa.C.S. § 3743. This is when you hit an attended vehicle (one with a driver still inside) or other property like a telephone pole. It’s a misdemeanor charge.
• Accidents involving damage to unattended vehicle or property – 75 Pa.C.S. § 3744. This applies when you damage an unattended, parked car or property. It’s generally a summary offense, similar to a traffic ticket.

So in short – the more serious the accident, injury, or damage, the more serious the charges.

Potential Defenses to Hit and Run Charges

If you’ve been accused of a hit and run, there may be defenses an attorney can raise on your behalf, such as:

• You lacked the mental state required: For misdemeanor and felony hit and run charges in PA, prosecutors must show you knowingly fled the scene. If intoxication, shock from the accident, or another condition prevented you from acting knowingly, it could be a defense.
• Another driver caused the accident: You aren’t required to stop if the other driver clearly caused the accident through reckless or aggressive driving and you had no chance to stop safely. However, it can’t just be an ordinary accident – the other driver’s actions must have prevented you from stopping.
• You did stop briefly: The law doesn’t require you to stay at the scene indefinitely. Stopping briefly may show you didn’t knowingly leave and intended to comply. However, you usually still need to provide your information.
• Lack of evidence: Without proof like eyewitnesses, video footage, or a positive vehicle/driver ID, the prosecution may lack evidence to prove their case. But police also investigate thoroughly, so don’t count on this.

What Should You Do if Charged With Hit and Run

If charged with a hit and run offense, here are important steps to take:

Get an attorney – These charges aren’t something to face alone. A skilled criminal defense lawyer can evaluate defenses, negotiate with prosecutors, and defend you in court. Public defenders also represent those who can’t afford private counsel.

Don’t talk to police – When police contact you, politely decline to answer questions or provide a statement until your lawyer is present. What you say can come back to haunt you.

Gather evidence – Work with your lawyer to gather evidence like photos of the accident scene, vehicle damage estimates, witness statements, and anything else that could help show your innocence or refute the charges.

Consider plea options – Rather than risk trial, your attorney may be able to negotiate a good plea deal with lesser charges and penalties, especially if it’s a first offense. But assess options carefully.

Prepare your defense – Be ready to testify if you go to trial, and work with your lawyer to prepare and present the best defense possible under the circumstances.

What Kind of Penalties Are Possible

Penalties vary widely based on the specific offense and circumstances, but can potentially include:

• Jail time – Felony hit and run charges can result in years in prison. Even misdemeanors carry possible jail time.
• Fines – All hit and run convictions result in fines, typically ranging from several hundred to several thousand dollars. More serious accidents mean bigger fines.
• License suspension – For misdemeanor and felony hit and run convictions, PA mandates at least a 1 year driver’s license suspension. For an unattended vehicle, it’s 6 months.
• Probation – Many hit and run sentences involve probation lasting several months to years, with conditions like community service.
• Restitution – Those injured or who suffered property damage may be awarded restitution you must pay. In fatal accidents, families may claim restitution for hospital bills, funeral costs, lost wages, etc.
• Civil liability – Even if criminal charges don’t stick or get reduced, you can still face a civil lawsuit over the accident seeking substantial monetary damages.

So in deciding how to proceed, keep the wide range of potential penalties in mind because they can seriously impact your finances, freedom, and future.

Finding the Right Lawyer Can Make All the Difference

Fighting hit and run charges in Philadelphia requires an assertive lawyer who knows the local courts and laws and has experience achieving good results in similar cases.

Don’t just choose the first lawyer you find or the one with the flashiest advertising. Do your research to find an attorney with proven experience, great client reviews, and a strong record of success specifically with hit and run and vehicle-related charges.

A smart, seasoned lawyer who builds strong defenses can sometimes get charges reduced or even dismissed, minimizing the penalties you face. And experienced negotiators can frequently win favorable plea bargains if needed.

So take the time to shop around and find the right legal advocate. It can make all the difference in the outcome of your case.

Dealing with hit and run charges is scary and stressful. But with an understanding of the law, proactive steps on your part, and a tough litigator in your corner, you can get through this difficult time and move forward with your life. It may not seem like it now, but you’re going to be OK.