If you leave the scene of an accident involving property damage in Orlando, you can be prosecuted. This is a serious criminal offense. You may be charged following a criminal investigation. The law in Florida requires motor vehicle accidents involving property damage to be reported to a police officer. In most accidents, this call needs to be made immediately. Fleeing from the scene of an accident can result in you being charged with a second-degree misdemeanor.
At The Law Place, we understand that mistakes happen. You may not have even realized that you committed an offense by leaving an accident scene. Our reputable criminal defense lawyers are here for you. We will defend your case to try and get your criminal charges dropped. Don’t let a moment of poor judgment result in you serving jail time. It is worth fighting your criminal case.
For some legal advice, schedule your free consultation with us today. Our team is available to take your call 24 hours a day. Phone us now at (941)-444-4444.
Consequences of Leaving the Scene of an Accident involving Property Damage
If you leave the scene of an accident that involved property damage, a law enforcement officer can arrest you and you can be charged with a second-degree misdemeanor. This is made clear under Florida Statute 316.061. Although misdemeanor charges typically carry less severe penalties than felony charges, they still carry harsh penalties. For example, this conviction will result in you possessing a permanent criminal record. Having a criminal record can prove to be a huge hindrance to a person’s life. These records can make it difficult for people to attend school, secure employment, get a mortgage, travel internationally, and more. A small decision-making error in Orlando has the potential to change your life forever.
Not only this but you will likely face a fine and have to serve jail time. These penalties can be very frustrating. It is likely that for this kind of charge, you will have to pay a fine of up to $500 and spend up to 60 days in prison. Two months in prison may not seem like a very long time but this time away from your loved ones can be emotionally damaging. Not only will you miss out on time with them, but they will miss your daily presence and support.
Consequences of Leaving the Scene of an Accident involving Serious Bodily Injury
Leaving the scene of an accident that involves a serious bodily injury is a major criminal offense. This is because this offense is charged as a third-degree felony, a Level 5 offense under the state’s sentencing guidelines. A felony conviction is serious. The penalties handed to felons are far harsher than the penalties handed to misdemeanor offenders. If you leave the scene of an accident that involves a serious bodily injury, you may face the following penalties:
- Up to 5 years of jail time.
- Up to 5 years of probation.
- A monetary fine of up to $5,000.
Not only will you encounter these criminal penalties, but additional consequences will impact your day-to-day life. Living as a felon can be difficult. Simple tasks such as traveling internationally and securing bank loans become more complicated. Felons in Orlando are likely to find it more difficult to attend school, find employment, and more. If you have been arrested for leaving the scene of an accident that involves injury, you need to seek legal representation. One of our lawyers will try and get your charges dropped or reduced to misdemeanor charges. A lesser charge will result in less severe penalties. Not only this, but it may be possible to get minor misdemeanor charges expunged from your criminal record.
Penalties for a Second-Degree Misdemeanor Conviction
A second-degree misdemeanor is punishable by:
- Up to 60 days of jail time.
- Up to six months of probation.
- A monetary fine of up to $500.
The specific penalties that you receive for your criminal offense will depend on the circumstances of your case and the judge ruling on it. For example, not all second-degree misdemeanor offenders will have to serve jail time. Despite this, it is still worth contacting a criminal defense lawyer at The Law Place. Although you may avoid a jail sentence, you will still be required to pay a fine. Our experienced lawyers can work to get your charges dropped altogether.
Leaving the Scene of an Accident Involving Death
If you leave the scene of an accident that involves death, you can be charged with a first-degree felony. This is a Level 7 offense under Florida’s sentencing guidelines. All offenders charged with this crime will have to serve a mandatory four-year jail sentence. However, a judge can rule that an offender has to serve many more years in jail. The maximum penalties awarded to first-degree felons in Orlando include:
- Up to 30 years of jail time.
- Up to 30 years of probation.
- A monetary fine of up to $10,000.
Spending decades in jail can be devastating. Not only will you lose your liberties, but your absence can greatly impact the lives of those you love most. It is important to fight these charges. Furthermore, such a huge fine can leave you in crippling debt. At The Law Place, we are here to help you through this difficult time. We understand that this may be an anxious period for you and your loved ones and we promise that we will do all we can so that you achieve a favorable outcome.
Could I Be Charged With a Third Degree Felony After Leaving the Scene of an Accident?
You can be charged with a third-degree felony in Orlando if you leave the scene of an accident that involves an injured person. Legally, you are required to immediately stop and stay at the scene of an accident until duly authorized police authority has arrived. Additionally, Florida law outlined under Statute 316.027 states that you must offer any person injured in a crash reasonable assistance. This can involve transporting them to an emergency room, calling for emergency services, and ensuring their safety.
These accidents must be reported. If you have caused the accident, it is strongly advised that you don’t flee the scene. Many people in Florida who cause traffic accidents because of their alcohol intoxication leave the scene because they think they will avoid receiving drunk driving charges. This isn’t the case. A person can be charged with driving under the influence (DUI) following a criminal investigation. Leaving the scene of an accident will simply mean that an offender will serve additional charges.
Do You Need to Stay at an Accident Scene if You Are Innocent?
Regardless of how your motor vehicle accident occurred in Orlando, you must stay at the scene of an accident if injury, death, or property damage is involved. A law enforcement officer will need to speak to you even if you are an innocent party. Every vehicle involved must remain at the scene until they are told to leave.
If no one else at the scene of the accident has already done so, you must dial 9-1-1. Failing to report a traffic accident in Orlando is an offense in itself.
Can You Sue for Property Damage in Orlando?
You can sue for property damage in Orlando. These damages are generally quickly resolved as a claimant files against their insurance company. Not all cases are simple. Some insurance companies will dispute claims and it will be necessary to take legal action against them. If you are struggling to recover compensation from an insurance company, it may be worth seeking legal representation. Sometimes, hiring a reputable lawyer will cause insurance companies to progress with negotiations. If progress doesn’t get made, however, a lawyer will take the insurance company to court.
The intervention of a judge will be required in some property damage cases. This is more likely to occur in high-value property damage cases. Going to court can feel daunting, but you have nothing to worry about. Our team of lawyers is highly skilled in the courtroom. Not only will they act as your representative and defend your case, but they will guide you through the process. At The Law Place, we pride ourselves on having committed and trustworthy relationships with our clients.
Can You Go to Jail for Leaving the Scene of an Accident?
You can absolutely go to jail for leaving the scene of an accident in Orlando. The amount of time that you will be required to serve behind bars will depend on the circumstances of your case. If you leave an accident involving injury or death, you can be made to serve years in jail. In the most severe cases, offenders have been sentenced to 30 years in jail.
Serving jail time can have a huge impact on the lives of you and your loved ones. For this reason, it is important to fight your criminal charges.
Can I Lose My Driver’s License for Leaving an Accident Scene?
When a person is charged with leaving the scene of an accident, they can have his or her license revoked for at least three years by Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV). It is possible to apply for a hardship license, but a 12-hour Advanced Driving Improvement Course will need to be completed first.
Applying for a hardship license in Orlando can be tricky. This license often offers a lifeline to many convicted offenders who have had their licenses revoked. Although this license will not allow a person to take leisurely drives, it will enable them to travel to work and other essential locations. These can include medical or surgical treatment appointments, school, and more.
Unfortunately, many drivers have their licenses revoked in Orlando every year after suffering traffic accidents. If you have lost your license after leaving the scene of a such crash, it is worth contacting our lawyers. A member of our team can help guide you through the hardship license application process.
Should I Get a Lawyer After a Car Accident in Orlando?
If you have been involved in an Orlando car accident, you should seek legal representation. Although you are within your own right to defend your case and charges, you have a greater chance of being successful by hiring a lawyer. There are a few reasons for this. First of all, your lawyer will examine evidence to build you a solid defense strategy. They will use all of their experience and knowledge to fight your charges. Our lawyers can be very convincing and they have helped countless people in the same position as you. Their skills could make all the difference in your case.
Secondly, judges and insurance companies are far more likely to take you and your case seriously if you have made the effort to hire a lawyer. For this reason, you have a greater chance of being successful.
Furthermore, hiring a lawyer can be very important to you and your loved ones. Facing criminal charges can be a worrying time as you are unaware of what the future holds. When you hire a lawyer, they will assure you and calm your worries during such a difficult time. You will have a constant shoulder to lean on and a person to seek advice from. The personal element of hiring a lawyer is very important and one that many people often oversee. We care deeply for our clients and work to ensure that they achieve favorable outcomes from their cases.
What Should I Do if the Other Vehicle Involved Leaves the Scene?
If you are involved in a traffic accident in Orlando and the other vehicle involved leaves the scene, you must call the police. This is an essential step if you wish to be compensated for your accident. Once a police officer arrives at the scene they will interview you and all relevant witnesses. They will gather evidence to file a police report. After this report has been completed, it would be advisable to obtain a copy from the police. You can then use this report to try and recover compensation from your insurance company.
In addition, it is recommended that you keep a diary of your recollections. You should write down what happened and details regarding the other vehicle. This can include the model of the vehicle, the color of the vehicle, the driver’s appearance, and more. The more evidence you can gather, the greater the chance you have of recovering the maximum amount of compensation possible.
What Can a Criminal Defense Lawyer for for Me?
There are several ways in which a criminal defense lawyer can help you, these include:
- Answer your questions.
- Offer you legal advice.
- Represent your case in court.
- Handle paperwork and negotiations on your behalf.
- Offer a shoulder to lean on.
- Examine your case.
- Build you a solid defense strategy.
- And so much more.
Get in Touch With Us at The Law Place Today!
Leaving the scene of an accident involving property damage can result in you serving jail time and facing a hefty fine. If you have been accused of this offense, we strongly recommend that you contact a reputable criminal defense law firm. Our team of lawyers at The Law Place has over 75 years of combined experience. We have the skills and knowledge you will need to fight your criminal charge. Don’t let an innocent mistake send you to jail, let us help you.
Our practice areas include criminal law, personal injury law, corporate law, and more. No matter your legal needs, we have a lawyer to help you.
To arrange your free consultation meeting with us, call us now on (941)-444-4444.