Roanoke Hit and Run Defense Lawyers

Representing Clients Facing Criminal Charges

Every driver in Virginia has a legal obligation to stop after colliding with another vehicle. This is required, so drivers have the opportunity to exchange insurance information and call for medical help if needed. If a driver fails to fulfill this legal obligation, he could face hit and run criminal charges.

Are you facing criminal charges for leaving the scene of an accident? If so, seek legal representation from the criminal defense law firm of Law Office of Seth C. Weston, PLC at once. Seth C. Weston is a skilled hit and run attorney with the legal knowledge and experience to defend you against these criminal charges.

What is Considered A Hit and Run in Virginia?

A hit and run accident occurs when one driver leaves the scene instead of stopping to exchange information with the other parties. Hit and run charges are only filed if someone was injured or killed in the accident or if the crash caused property damage. This means the law considers crashing into a parked car and leaving the scene a hit and run as long as there was property damage.

Is A Hit and Run A Felony Crime in Virginia?

Leaving the scene of an accident can be charged as a felony or misdemeanor depending on the nature of the crime. If no one was injured or killed in the accident and the property damage was valued at less than $1000, this is a class 1 misdemeanor hit and run. But, if there were injuries, fatalities, or property damage valued at over $1000, the crime becomes a class 5 felony.

Understanding the Consequences of a Hit and Run Conviction

Felony vs. Misdemeanor Charges

The severity of a hit and run conviction depends on whether the offense is charged as a misdemeanor or felony. A hit and run involving significant property damage, car accident injuries, or fatalities is typically charged as a felony. Conviction can lead to a prison sentence of up to 10 years and substantial fines. A misdemeanor hit and run, involving minor property damage and no injuries, carries penalties of up to one year in jail and fines reaching $2,500.

Civil Penalties for Injuries or Fatalities

Drivers who leave the scene of an accident that results in injuries or fatalities may also face civil consequences. Victims or their families can file personal injury or wrongful death lawsuits to seek compensation for medical expenses, lost wages, or emotional suffering. These civil cases can run concurrently with criminal proceedings, further escalating the repercussions.

Additional Consequences

Beyond legal and civil penalties, a hit and run conviction can result in the loss of driving privileges, increased insurance premiums, and a criminal record that may affect future opportunities. Courts also consider the circumstances surrounding the case, such as whether the driver sought to avoid responsibility or actively concealed their involvement.

At the Law Office of Seth C. Weston, we are committed to helping individuals navigate the complexities of hit and run charges. We work to build a defense tailored to your circumstances, aiming to minimize the impact on your life.

Possible Defenses to Hit and Run Charges

Defending Against a Hit and Run Accident Charge

Facing a hit and run conviction can feel overwhelming, but these charges are often defensible. One possible defense involves proving that injuries sustained in the accident prevented you from stopping at the scene. Virginia law acknowledges that severely injured drivers may not be physically able to remain at the site. However, drivers are required to contact authorities and make an effort to fulfill their obligations once they can do so.

Proving Reasonable Effort

Your defense attorney can argue that your injuries made it impossible to immediately fulfill your duties and show evidence that you acted responsibly once you recovered. This strategy emphasizes your inability to comply due to circumstances beyond your control.

Lack of Awareness Defense

Another viable defense is demonstrating that you were unaware of the accident. For instance, in cases where the collision caused minor damage or involved no noticeable impact, drivers may genuinely not realize they were involved. This defense requires clear evidence that your lack of awareness was reasonable under the circumstances.

Tailored Defense Strategies

Every hit and run case is unique. Additional defenses may involve challenging the evidence presented or questioning whether the prosecution can meet the burden of proof. At the Law Office of Seth C. Weston, we analyze the details of your case and craft a defense designed to protect your rights and minimize penalties. If you’re facing charges, contact us for guidance on how to proceed.

Can A Hit and Run Be Dismissed?

If the prosecution does not have a strong case, it’s possible that your attorney can persuade them to dismiss your charges. Your criminal attorney will determine if this is a possibility after reviewing the charges and the evidence compiled against you.

Hit and run charges could be reduced, too. If you are facing felony charges for leaving the scene of the accident, it’s possible that your attorney could negotiate to have them reduced to misdemeanor charges. This would allow you to avoid some of the serious legal penalties that come with a felony conviction.

Schedule A Free Case Evaluation With A Top Hit and Run Law Firm in Roanoke, VA

If you are being accused of a hit and run accident, contact the Law Office of Seth C. Weston, PLC right away. Let our attorneys review the details of your charges and formulate an effective defense strategy so you can reach the best possible outcome in your case.

To schedule a free consultation with our team, call (540) 384-4585 or fill out the brief form on our website.