Leaving the Scene of an Accident

A person who leaves the scene of a vehicle accident can be charged with either a felony or a misdemeanor. Since these cases often involve victims, some of whom may have sustained serious injuries, many judges consider this crime to be more serious than other offenses and impose harsher penalties.

Misdemeanor vs Felony LSA Charges

Generally, charges for leaving the scene of an accident or ‘LSA’ are misdemeanors (Florida statute 316.061) unless the people involved in the accident are seriously injured or have died. In those situations, State Prosecutors can charge a person with a Felony (Florida statute 316.027) for leaving or fleeing the scene (in which an accident took place). A felony can be charged even in cases in which a party doesn’t immediately die from the crash but eventually dies from injuries sustained as a result of that accident.

What Prosecutors Must Prove

To convict someone of leaving the scene of an accident, the State must prove beyond a reasonable doubt that:

1. The defendant was driving the vehicle involved in the accident that cause the property damage, injury, or death;
2. The defendant knew or should have known that an accident occurred;
3. In misdemeanor cases:
   • The defendant failed to stop and remain at the scene and
   • Did not provide the required information to the other party or to a law enforcement officer, including:
     • Full name
     • Address
     • Vehicle registration number
     • Driver’s license information
4. In felony cases involving injury or death:
   • The defendant failed to remain at the scene until the above information was provided, and/or
   • The defendant failed to provide reasonable assistance to the injured person if necessary or requested.

Why You Should Take Action Immediately

Being charged with leaving the Scene of an Accident, especially one involving injury or death, can result in jail or prison time, heavy fines, license suspension, and a permanent criminal record. Speaking with an experienced criminal defense attorney before making any statements to law enforcement is critical.

Call Us Today

If you fled an accident scene, contact the Law Offices of Whittel & Melton online or call 1-866-608-5LAW (5529) immediately to schedule a consultation to determine how best to defend your case and your rights.