If you have been arrested for Felony Hit and Run in Orange County, then you are going to have many questions. The team of attorneys at The Atias Law Firm can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Felony Hit and Run is essentially fleeing the scene of an accident in which another person is injured or killed without first identifying yourself to the other people involved. If you have been charged with Felony Hit and Run in Orange County, please contact our firm to schedule a free consultation regarding the arrest, charges and allegations. Examples of a Felony Hit and Run situation may be:

1. A driver is rear-ended by another driver. He suffers a concussion and bruises, and so does the driver who rear-ended him.  But because damage to the cars is minimal, they decide to drive away without exchanging names or other information.
2. A driver makes a hazardous left turn at a stop sign without stopping. This causes a car accident between two cars on the oncoming road. The accident looks severe enough to cause injury but the driver who made the left turn does not stop and flees the scene.

“Felony Hit and Run” as it is commonly known, is unfortunately a charge that can be misconstrued or alleged by the Police under a very wide variety of circumstances and facts that may not truly be a Felony Hit and Run as defined by California State Law. The Attorneys at The Atias Law Firm know how to decipher and construe each element of that offense to make sure that zealous police officers and trumped up charges will not ultimately lead to a lengthier prison term or jail sentence than may be required, if any based on a case by case basis and the facts presented. Our attorneys work hard to differentiate the fine details in order to help prove that simply because a police officer may have arrested you for that crime… it may not be the crime actually committed. I cannot stress that point enough, just because you are charged with a certain offense does not mean that is the offense you may have committed. Let’s examine the actual statutory law, the possible reductions to other lesser offenses, the penalties and finally the full on legal defenses.

Felony Hit and Run Orange County VC 20001

The Law for Felony Hit and Run is set out in California Vehicle Code Section 20001. In order for the Orange County District Attorney’s Office to prove that a defendant is guilty of Felony Hit and Run, the Prosecutor must prove the following:

1. You were involved in an accident that resulted in injury or death of another
2. You had Knowledge that the accident occurred
3. You had Knowledge that EITHER:

• Someone other than yourself was either injured or killed by the accident; OR

• Due to the circumstances of the accident it was very likely that the other party was injured or killed.

4. You willfully left the scene without providing identification or assistance to the injured or deceased party.

The Felony Hit and Run laws in Orange County can be confusing to a defendant charged with that crime. Our team of Lawyers in Orange County know the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, .... But not necessarily Felony Hit and Run.

How to Reduce a Felony Hit and Run to a Lesser Charge

Although it is called “Felony” Hit and Run, some circumstances may allow the Prosecutor to charge you with Misdemeanor hit and run instead of Felony Hit and Run under VC 20001. These circumstances include that no serious or permanent injury resulted from the accident. Our Felony Hit and Run lawyers in Orange County aggressively challenge any allegations of great bodily injury. California’s great bodily injury enhancement imposes a three to six-year prison sentence in addition to the penalty for a Felony Hit and Run conviction. If we can show that the injuries are not as severe as alleged, then we may be able to keep you out of state prison.

Will I Go To Jail?

Possibilities & Penalties for Felony Hit and Run in Orange County

Even though it is called “Felony” Hit and Run, the consequences of a VC 20001 Felony Hit and Run conviction can be charged as a wobbler, depending on the severity of the injury resulting from the accident. The penalties depend on whether you are charged with Felony Hit and Run or Misdemeanor Hit and Run. The punishment for Felony Hit and Run may include:

• Up to 4 years in California state prison; and/or
• A fine of up to $10,000.
• Restitution to the victim; AND
• Per the California DMV, 2 points on your driving record

The potential consequences of a Misdemeanor Hit and Run conviction under VC 20001 are:

• Up to 1 year served in county jail; and/or
• A fine of up to $10,000
• Restitution to the victim; AND
• Per the California DMV, 2 points on your driving record

Enhancements to Felony Hit and Run Penalties that Could Require Longer Prison Terms

1. Great bodily injury inflicted in the commission of the crime.
2. Driving Under the Influence

As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Legal Defenses to Felony Hit and Run in Orange County

The Atias Law Firm's Defense team of skilled lawyers located in Orange County, CA have over 20 years combined experience, therefore we know the defenses that may help get your Felony Hit and Run charge dismissed. There are several defenses to Felony Hit and Run in Orange County, however the applicability of those defenses depends on the facts of your case.

1. For if you are victim of false accusations. Because Felony Hit and Run laws in Orange County can be complex, it is possible to be victim of false accusations.
2. You weren’t the driver of either car involved.
3. Another defense is lack of Knowledge. If we can show there was no knowledge that an accident had occurred, there is no violation of VC 20001.

Additionally, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met or that there is insufficient evidence. Also, if you have been charged with multiple counts of Felony Hit and Run, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Felony Hit and Run Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor, which can avoid the maximum sentence a Judge may want to sentence a defendant to after a trial. Our attorneys always want to be reasonable with our clients and not mislead or misguide their expectations, while making certain they understand just how long serving a lengthy prison sentence. Our skilled attorneys may be able to get your Felony Hit and Run charge reduced, and a  Felony Hit and Run penalty reduced to a Misdemeanor Felony Hit and Run charge.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Felony Hit and Run, then you may face increased penalties in your current case. The Atias Law Firm, with years over 20 years combined experience, aggressively challenges any prior convictions. For instance, if your prior conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken, so that your sentence is not enhanced. If we can successfully strike your prior convictions, then you may only face first time penalties. Call the Atias Law Firm today to see if your prior convictions may impact your current charge.

What Should I do about a Felony Hit and Run charge in Orange County?

Just pick up the phone and call. One of our attorneys will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.