Prosecutors pursue hit and run charges aggressively, particularly if alcohol and injuries are involved. In Arizona, when a car accident involves injury, you need to provide reasonable assistance, try to make sure medical transportation comes, and call law enforcement to the accident scene. You should not flee the scene; you may be found and charged with a felony hit and run if you do. Felony hit and run charges are quite serious and may be made more serious when DUI is also charged. It’s crucial to hire an experienced Tempe vehicle crimes attorney to defend you. James E Novak is an experienced former prosecutor who now turns his insights about the criminal justice system towards helping the accused. He can evaluate the charges against you and develop the strongest available strategy based on the particulars.
After you are involved in an accident, you must provide the other driver with certain information. Importantly, the law also requires you to render reasonable assistance to someone injured in the accident. Often hit and runs are charged as misdemeanors However, when a hit and run occurs after injury or death to another, prosecutors may charge you with felony hit and run, a more severe crime that may carry a term of incarceration upon conviction. Some people flee the scene without helping someone who is injured because they are inebriated. If you are caught, the penalties are likely to involve prison time.
Under ARS section 28–661, if you are involved in an accident that results in death or serious physical injury and don’t stop to comply with specific requirements, you can be found guilty of a class 3 felony. You could face a presumptive term of 3.5 years incarcerated, or up to 8.75, depending on other factors.
If you caused the accident while drunk driving, you could be convicted of a class 2 felony. For a class 2 first offense, you could face a presumptive term of up to 5 years incarcerated. You could face up to 12.5 years for a felony hit and run, depending on whether there are aggravating factors. These are severe charges, but our experienced attorney can examine your situation and determine whether there are defenses available.
If you’re involved in an accident that results in an injury other than serious physical injury or death, and you fail to comply with the requirements of section 28-663, you can be found guilty of a class 5 felony.
You can face harsh penalties for felony convictions. The sentence imposed on you for a conviction for felony hit and run will run consecutively to any sentence imposed for other convictions related to the accident. In other words, if you’re charged with both aggravated DUI and felony hit and run, you could face back-to-back terms in prison.
Moreover, your license or permit to drive could be revoked. For an accident that causes serious physical injury, you could face a five-year revocation, not including your term of incarceration. For an accident resulting in death, you could face a 10-year revocation, not including your period of incarceration. However, you can apply to the department for a restricted privilege to drive after a certain period. We’ll need to show you weren’t convicted of any vehicle crime during the period of license revocation, and you paid full restitution as ordered by the court.
If the court finds it is more likely than not your use of alcohol or certain drugs was a contributing factor, you’ll need to go through alcohol or drug screening.
Felony hit-and-run convictions have enormous consequences. If you were charged with felony hit and run, it’s imperative to retain seasoned counsel. Seasoned Tempe criminal defense attorney James E. Novak keeps up with changes to drug laws. He is following the development of judicial case law closely as it relates to the new marijuana law. He represents those accused of marijuana DUIs and other crimes in Phoenix and Gilbert, Chandler, Mesa, and Maricopa County. Contact him at (480) 413-1499 or complete our online form.