Miami Hit-&-Run Defense Lawyers

5 Legal Strategies to Defend Against Hit-&-Run Charges

If you’re accused of a hit-and-run, building a strong defense is paramount to defending your rights and reputation. At Beckham Law Firm, we know that every case is unique, which is why we take a unique approach to every case we take on. Our attorneys can evaluate your case with a practiced legal eye to develop a strategic defense on your behalf. Common defense strategies for hit-and-run charges include:

• Lack of evidence: In any criminal case, the prosecution bears the burden of proof, meaning they must prove your guilt beyond a reasonable doubt to convict you. In cases involving a lack of evidence, we can challenge the sufficiency or credibility of the evidence presented by the prosecution to potentially reduce or dismiss the charges you’re facing.
• Mistaken identity: Law enforcement will typically use the vehicle's license plate to identify the perpetrator in a hit-and-run accident. If you’re the owner of the vehicle but weren't driving it when the accident occurred, we can fight to dismiss the charges on the grounds of misidentification.
• Lack of knowledge or intent: In some cases, hit-and-run offenders may have been genuinely unaware of the accident. If you were unaware of your obligations due to your lack of knowledge about the hit-and-run, we can advocate for the dismissal of charges.
• Mitigating circumstances: This is a strong defense strategy for hit-and-runs that provides context for the driver’s actions, such as emergencies or extenuating circumstances affecting their behavior.
• Cooperation with authorities: This can be an effective defense if you reported the accident to local authorities promptly. Demonstrating your cooperation with law enforcement can positively reflect on your case by establishing your good intentions.

Is a Hit-&-Run a Felony or a Misdemeanor in Florida?

In Florida, hit-and-run can be charged as a misdemeanor or a felony, depending on the severity of the accident and resulting damage or injuries. Leaving the scene of an accident that only results in property damage is generally a second-degree misdemeanor offense punishable by fines and up to 60 days in jail (§ 316.061). 

However, hit-and-run charges may be elevated if the accident results in injury. In these cases, leaving the scene of the accident constitutes a third-degree felony offense punishable by harsher penalties, including up to 5 years in prison, 5 years of probation, and fines, as well as possible restitution to the injured party (§ 316.027).

If the hit-and-run results in serious bodily injury, this is considered a second-degree felony punishable by up to 15 years in prison, 15 years of probation, and substantial fines. Accidents resulting in death are considered the most severe and constitute first-degree felony charges. In addition to significant fines, a conviction also carries up to 30 years in prison. 

What Are the Consequences of a Hit-&-Run Conviction?

A hit-and-run conviction can result in harsh penalties, including incarceration, fines, driver’s license suspension or reconvocation, community service, and mandatory education courses. In addition to the loss of certain civil liberties, such as the right to vote and own a firearm, a felony conviction can also make it difficult to secure affordable housing and employment opportunities, jeopardizing your ability to make a living. Securing a robust defense from a skilled defense attorney is important to avoid harsh social stigmas and mitigate the impact of hit-and-run charges. 

Understanding Hit-&-Run Charges with DUI

Drunk driving is a very serious crime in Florida. Hit-and-run offenses accompanied by driving under the influence (DUI) can significantly escalate potential penalties. If you were involved in a hit-and-run while impaired by alcohol or drugs, you may face compounded felony charges and life-altering consequences in criminal court, including lengthy imprisonment, increased fines, permanent loss of driving privileges, and extensive probation periods. 

At Beckham Law Firm, we understand the high stakes involved in hit-and-runs compounded by DUI. Our lawyers are well-versed in the complexities of these cases to pursue a favorable result, negotiate potential plea bargains, and advocate for reduced penalties or alternative sentencing on your behalf.

Contact Our Top-Rated Criminal Defense Attorneys

When your life and liberty are on the line, you need a lawyer who will aggressively defend your rights. That’s where our fierce defense attorneys come in. Our firm has years of experience defending the rights of the accused throughout Miami-Dade County. With former prosecutorial experience and a winning track record of results in a wide range of criminal cases, our highly skilled team has a reputation for providing top-tier representation to clients in life’s toughest seasons. We understand that even good people make mistakes, which is why our advocates are committed to pursuing the second chance you deserve.