Orlando leaving the scene of an accident attorney

Leaving the Scene of an Accident (Florida Statute 316.061) in Florida, commonly known as “hit and run,” is a serious criminal offense that can carry life changing consequences including jail or prison sentences, points on your driver’s license, a driver’s license suspension, and a permanent criminal record.

Leaving the Scene of an Accident in Florida

To convict someone of Leaving the Scene of an Accident, the prosecution must prove beyond a reasonable doubt that

1. The accused was driving or in control of a vehicle,
2. That the accused was aware or should have been aware that they were in an accident, and
3. That the accused willfully failed to stop, remain at the scene, and provide the required information or render aid as required by Florida law.

penalties for leaving the scene of an accident

Depending on the circumstances, these charges can range from a 2nd degree misdemeanor to a 1st degree felony with mandatory prison time.

When an accident only involves property damage, Leaving the Scene of an Accident is generally charged as a 2nd degree misdemeanor. If another person suffers an injury, LSA may be charged as a 3rd degree felony called “Leaving the Scene of an Accident with Injury.” LSA cases in Florida involving serious bodily injury can be prosecuted as a 2nd degree felony, and leaving the scene of an accident involving death may lead to a 1st degree felony with a mandatory minimum 4-year prison sentence. Felony Leaving the Scene convictions also carry a mandatory license revocation, community service requirements, and can be devastating to your future.

defenses to leaving the scene of an accident in florida

Because these cases often depend on circumstantial evidence, identifying the actual driver is one of the most frequently contested elements of the offense. Law enforcement and prosecutors may rely on the vehicle ownership records, witness testimony, physical evidence from the crash scene, or even statements made by the accused to prove who was driving the vehicle. But Central Florida Justice founder, Ben Baxter understands that assumptions and allegations are not proof beyond a reasonable doubt. Effective defense strategies may include challenging the driver identification, disputing whether the driver had knowledge of the accident, suppressing unlawfully obtained statements, or exposing other weaknesses in the prosecution’s case.

central florida justice can help

Ben Baxter is a former prosecutor with extensive experience handling serious criminal traffic offenses and understands how to scrutinize every aspect of the prosecution’s case to fight these charges and protect your rights. From identity issues to defenses like necessity or duress, Central Florida Justice is ready to fight for you.

The founding principle of Central Florid Justice is that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or a loved one is charged with Leaving the Scene of an Accident in Orlando or the Central Florida area, including Osceola, Polk, Lake, Seminole, or Brevard counties, Central Florida Justice is prepared to stand by you, protect your rights, and pursue the best possible outcome in your case. Contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.