Hit and Run Defense

A hit and run (legally referred to as “Leaving the Scene of an Accident or Crash” or “LSA”) is a serious offense under Florida law, carrying potentially severe consequences for anyone involved. It occurs when a driver is involved in a traffic accident and leaves the scene without providing necessary information, offering aid to injured parties, or fulfilling other legal obligations. The ramifications of a hit and run extend beyond immediate criminal liability, often affecting civil responsibilities, insurance, employment opportunities, and long-term personal and professional life.

At The Ishak Law Firm, attorney Monica Ishak provides comprehensive and aggressive defense for individuals facing hit and run charges. Each case is approached with detailed investigation and careful strategy, ensuring that all aspects of the incident are thoroughly analyzed. From the initial arrest through trial or negotiation, Monica Ishak and her team focus on protecting the rights of clients and pursuing the most favorable outcomes possible.

Legal Definition and Obligations

Under Florida Statute 316.061, any driver involved in an accident must stop immediately at the scene or as close as possible and provide their name, address, vehicle registration number, and driver’s license information to the other parties involved. Additionally, drivers are legally required to render aid to anyone injured in the accident, including calling emergency services if necessary. Failure to comply with these obligations can result in criminal charges under Florida Statute 316.027. The severity of these charges is influenced by the nature of the accident, whether it involves property damage, bodily injury, or death.

When an accident results in only property damage, leaving the scene may be classified as a second-degree misdemeanor. Even in these cases, Florida courts take the offense seriously, with potential penalties including up to 60 days in jail, fines, and a suspension of the driver’s license. When bodily injury occurs, the stakes rise dramatically. Accidents involving minor injuries are typically prosecuted as third-degree felonies, exposing the defendant to five years in prison and fines up to $5,000. If the injuries are serious, such as those requiring hospitalization or resulting in long-term disability, the charge can escalate to a second-degree felony, with a potential prison sentence of up to 15 years and fines up to $10,000.

In the most severe cases, when an LSA leads to the death of another person, Florida classifies the offense as a first-degree felony. Convictions for fatal accidents carry mandatory minimum sentences of four years, with maximum terms extending up to 30 years, fines of up to $10,000, and a driver’s license revocation for a minimum of three years. These stringent penalties reflect the gravity of the offense and the lasting impact on victims and their families.

Sentencing Enhancements in Hit and Run Cases

Sentencing enhancements in hit and run cases can significantly increase the severity of punishment. One key factor that triggers enhancements is the use of a firearm or other deadly weapon during the incident. Under Florida’s “10-20-Life” law, if a firearm is involved, mandatory minimum prison terms are imposed. Possession of a firearm during the commission of a crime carries a minimum sentence of 10 years, discharging a firearm increases the minimum to 20 years, and if someone is seriously injured or killed, the sentence can be no less than 25 years to life. These statutory enhancements underscore the seriousness with which Florida courts treat incidents that combine dangerous weapons with hit and run offenses.

Prior criminal history also plays a significant role in sentencing. Repeat offenders, particularly those with previous DUI, violent crime, or hit and run convictions, may face enhanced penalties under Florida’s habitual offender statutes. Habitual felony offender designations permit courts to impose longer prison terms, reflecting the state’s emphasis on deterrence and public safety.

Driving under the influence of alcohol or drugs during the accident further complicates the legal situation. In addition to standard LSA penalties, DUI convictions carry mandatory license suspensions, fines, enrollment in DUI education programs, and extended prison sentences in severe cases. The combination of a DUI with a hit and run incident often results in a far more aggressive prosecution, as Florida law seeks to hold drivers accountable for putting others at risk while impaired.

Investigating Hit and Run Allegations

Investigating hit and run allegations requires careful examination of a wide array of evidence. Law enforcement relies on accident scene reports, eyewitness testimony, surveillance footage, vehicle damage assessments, and digital evidence such as GPS or cell phone records to establish the presence of the driver at the scene. Investigators also analyze skid marks, vehicle debris, and the patterns of impact to reconstruct the sequence of events.

A strong defense begins with a meticulous review of this evidence. Monica Ishak examines the validity and handling of all investigative materials, looking for errors or inconsistencies that could weaken the prosecution’s case. She assesses whether law enforcement followed proper procedures in documenting the accident, obtaining evidence, and ensuring the chain of custody. Any procedural mistakes or violations of constitutional rights can become a crucial component of the defense strategy.

Common Defenses in Hit and Run Cases

Several defenses may be available depending on the specific circumstances of the case. One common defense is lack of knowledge. A driver may argue that they were unaware an accident occurred, particularly in minor collisions where no significant impact was felt. While this defense can be challenging to prove, careful examination of the evidence and witness statements can sometimes support such a claim.

Mistaken identity is another defense that arises in hit and run cases. Incidents occurring in busy areas or at night may lead to confusion over who was operating the vehicle. Evidence such as alibi testimony, surveillance footage, or vehicle registration records can help establish that the accused was not the driver involved.

In rare cases, a necessity defense may apply. This argument asserts that leaving the scene was necessary to prevent greater harm. For instance, a driver might leave to obtain urgent medical assistance for themselves or others. Courts scrutinize these claims carefully, but in limited circumstances, necessity can influence sentencing or result in reduced charges.

Procedural errors in the investigation are another avenue for defense. Law enforcement mistakes, such as failing to obtain proper warrants, mishandling physical evidence, or improperly documenting the scene, may render certain evidence inadmissible in court. Challenging the integrity of the prosecution’s evidence can create reasonable doubt and improve the likelihood of a favorable outcome.

Impact on Insurance and Civil Liabilities

Beyond criminal penalties, an LSA conviction can have far-reaching civil consequences. Victims may pursue civil claims to recover damages for medical expenses, lost wages, property repair costs, and pain and suffering. Insurance companies may also respond by increasing premiums or denying coverage, which can have lasting financial implications. It is crucial for defendants to understand both the criminal and civil dimensions of their case to navigate the legal process effectively.

The Role of Legal Representation

Facing hit and run charges in Florida requires experienced legal representation. An attorney skilled in handling traffic-related offenses can review the facts, identify applicable defenses, and advocate for the best possible outcome. At The Ishak Law Firm, Monica Ishak brings extensive knowledge of Florida law and local court procedures to each case. She investigates all evidence, challenges procedural errors, and constructs strategic defenses tailored to the specific circumstances of the incident.

Legal representation can be particularly important when facing aggravated charges, such as hit and run resulting in serious injury or death. Early intervention by an experienced attorney may provide opportunities to negotiate plea agreements, mitigate sentencing enhancements, and protect the long-term interests of the client.

Long-Term Consequences of a Hit and Run Conviction

A hit and run conviction can affect every aspect of a person’s life. In addition to imprisonment, fines, and license suspensions, felony convictions can limit employment opportunities, professional licensing, housing options, and educational prospects. Felony convictions also carry social stigma and can influence relationships and community standing. The consequences may extend for years after sentencing, highlighting the importance of a comprehensive defense strategy.

The Ishak Law Firm’s Approach to Defense

The Ishak Law Firm takes a personalized approach to every LSA case. Monica Ishak carefully examines all aspects of the incident, including accident reports, witness statements, surveillance footage, and digital evidence. She identifies weaknesses in the prosecution’s case, potential procedural errors, and opportunities to challenge sentencing enhancements.

The firm also focuses on understanding the client’s unique situation, including prior criminal history, the circumstances of the alleged accident, and the potential long-term consequences. Monica Ishak advocates vigorously in court, negotiates with prosecutors when appropriate, and ensures that clients have every legal avenue explored to protect their rights and future.

Move Forward With Confidence and Protection

Hit and run charges in Florida are serious and complex, with penalties that can dramatically impact a person’s life. If you or a loved one is facing such charges, immediate legal representation is essential. Attorney Monica Ishak at The Ishak Law Firm, P.A., provides dedicated, knowledgeable, and aggressive defense strategies tailored to the specifics of your case. Call today to schedule a confidential consultation and take the first step toward protecting your rights and securing the best possible outcome.