Leaving the Scene of an Accident/Hit and Run Attorney in Orlando
Leaving the scene of a crash, often called a hit and run, is a crime in Florida even when you did not cause the collision. The charge depends on what the crash caused, and the penalties climb quickly from a misdemeanor to a first-degree felony. A conviction can also cost you your driver license for years.
At Wiseman Law, Simon Wiseman draws on his time prosecuting cases in Orange County to defend drivers accused of traffic crimes in Orlando and throughout Central Florida. Whether police have only contacted you or you have already been charged, an early defense can shape how your case unfolds.
Kinds of Hit and Runs Our Firm Handles
Florida treats leaving the scene as several different offenses. Which one applies depends on whether the crash damaged attended property, damaged unattended property, or caused an injury or death. Section 316.027 of the Florida Statutes covers crashes involving injury or death, while separate statutes cover property damage.
Crashes Involving Property Damage
If you hit an occupied vehicle or other attended property and drove away before sharing your information, you may be charged with a second-degree misdemeanor. The maximum penalty is 60 days in jail and a $500 fine. Even as a misdemeanor, a conviction creates a criminal record that may surface in background checks for jobs and housing.
Crashes Involving Unattended Vehicles or Property
Hitting a parked car, a mailbox, or a fence triggers its own duties. You must stop and either find the owner or securely attach a written note with your name, address, and vehicle registration number, and then notify police without unnecessary delay. Skipping any of these steps can lead to a second-degree misdemeanor charge under Section 316.063.
Crashes Involving Injury
When someone is hurt but the injury is not serious, leaving the scene is a third-degree felony. You could face up to five years in prison and a $5,000 fine. A felony conviction can also affect your employment, your housing options, and your right to own a firearm.
Crashes Involving Serious Bodily Injury
Florida defines serious bodily injury as harm that creates a substantial risk of death, serious disfigurement, or a lasting loss of a body function. Leaving the scene of that kind of crash is a second-degree felony with up to 15 years in prison and a $10,000 fine.
Crashes Involving Death
Leaving the scene of a fatal crash is a first-degree felony with up to 30 years in prison and a four-year mandatory minimum prison term. A judge may go below that minimum only after finding it would be unjust, and that option is not available if the driver was under the influence. If the victim was a pedestrian, cyclist, or other vulnerable road user, the offense is also ranked one level higher for sentencing.
Every conviction for leaving the scene of an injury or fatal crash brings a driver license revocation of at least three years. Before your license can be reinstated, you must also complete a victim impact panel or an approved driver improvement course.
| Crash Result | Charge Level | Maximum Prison or Jail | Maximum Fine |
|---|---|---|---|
| Property damage only | Second-degree misdemeanor | 60 days | $500 |
| Injury | Third-degree felony | 5 years | $5,000 |
| Serious bodily injury | Second-degree felony | 15 years | $10,000 |
| Death | First-degree felony | 30 years, with a 4-year minimum | $10,000 |
Based on Fla. Stat. 316.061, 316.027, 775.082, and 775.083. Actual sentences depend on the facts and your record.
What Am I Legally Required to Do After an Accident?
Under Florida law, a driver involved in a crash with injury, death, or damage to an attended vehicle or property must stop as close to the scene as possible and remain there until certain duties are met. Those duties include the following.
- Give your name, address, and vehicle registration number to the other driver, occupants, or property owner.
- Show your driver license if someone asks to see it.
- Provide the same information to any police officer at the scene or investigating the crash.
- Give reasonable help to anyone injured, including arranging transport for medical care when it is clearly needed.
- Move your vehicle out of traffic when it is safe to do so in a property damage crash.
These duties do not require you to admit fault. Florida law states that the duty to give information for a crash report does not extend to statements that would violate your right against self-incrimination. Our guide to your duties after a Florida crash explains more.
How We Defend Hit and Run Charges in Orlando
The State of Florida must prove more than the fact that a crash happened. Prosecutors must show that you were the driver and that you willfully left without meeting your legal duties, so what you knew about the crash is often central to the case.
Who Was Driving
Many hit and run cases rely on a license plate or a vehicle description, which may not prove who was behind the wheel. Simon Wiseman has seen from the prosecution side how difficult it can be to place a specific person in the driver’s seat.
Whether You Knew a Crash Occurred
A light impact in heavy traffic or a crowded parking lot may not be obvious to a driver. Because the law requires a willful violation, evidence that you did not know about the crash can be a strong defense.
Why You Left and What You Did Next
Some drivers leave because they feel unsafe, panic, or need medical care, and then contact police later. Those facts can matter in negotiations and at trial, and they may support a reduced charge.
Frequently Asked Questions About Hit and Run Charges in Orlando
Is leaving the scene of an accident a felony in Florida?
It depends on what the crash caused. Leaving after damaging property is a second-degree misdemeanor, but it becomes a felony once anyone is hurt. An ordinary injury is a third-degree felony, serious bodily injury is a second-degree felony, and a death is a first-degree felony that carries a four-year mandatory minimum prison sentence under Florida law.
What should I do if police contact me about a hit and run?
Stay calm and be polite, but do not discuss the crash until you have spoken with a lawyer. Officers may call or come to your home before filing any charge, and anything you say can become evidence. Early legal help can protect your driver license, address insurance questions, and sometimes resolve the matter before formal charges are filed.
Will I lose my driver license for leaving the scene of a crash?
If the crash involved an injury or a death, a conviction brings a driver license revocation of at least three years. Before your driving privilege can be reinstated, you must also complete a victim impact panel or an approved driver improvement course. A strong defense, or a reduced charge, may help you avoid that revocation entirely.
What if I did not know I hit another car or a person?
Florida requires proof that you left the scene willfully, so lack of knowledge can be a real defense. A light tap in heavy traffic or a crowded lot may go unnoticed. Vehicle damage, video footage, witness accounts, and the timeline after the crash all help show what you actually knew when you drove away.
Contact Our Orlando Hit and Run Attorney at Wiseman Law
Simon Wiseman has more than 26 years of legal experience and tried over 100 jury and non-jury trials as a prosecutor in Orlando. He uses that knowledge to test whether the State of Florida can prove each part of its case against you.
Wiseman Law is available 24/7, and consultations are free. To talk about your case with an Orlando hit and run lawyer, contact our office today.
