San Bernardino Hit and Run Defense Attorney

We defend people who have been charged with a hit and run in San Bernardino.

If you have been accused of a hit and run in San Bernardino, you could be charged with a felony or misdemeanor. It’s important to retain an experienced criminal defense attorney as quickly as possible. The Law Offices of David S. Chesley are here to help. Our hit and run defense attorneys can keep you out of jail and protect your freedom.

The Basics of Hit and Run Charges in San Bernardino

Under California Vehicle Code Section 20001, you are required to stop if you are involved in an automobile accident that causes harm to a person or property. Most people are aware that they have to stop if a person is involved. However, some are unaware that stopping at the scene of the accident is required for property as well.

When you stop at the scene of an accident, you are required to exchange information with the other parties involved. A formal police report may also be written by a responding police officer. Even if you are not at fault for the accident, it is still the law to stop.

If you are looking for the help of experienced hit and run defense attorneys in San Bernardino, we can assume that you did not stop at the scene of the accident and are now facing hit and run charges. Your personal reasons for not stopping may not be known, but in our experience, we find that most clients were scared and confused. Some may have been intoxicated at the time of the collision, while others did not have valid insurance.

Examples of Hit and Run Cases

Unfortunately, fleeing from the scene of an accident in San Bernardino is a serious crime that can result in steep penalties. What you are charged with depends on many factors, including the circumstances of the crash and your criminal history.

Here are common situations that can lead to a hit and run charge:

• Collision with another vehicle that results in property damage and injury or death
• Collision with a pedestrian that results in injury or death
• Collision with property (mailboxes, telephone poles) that cause damage
• Collision with a parked vehicle that causes property damage

Hit and Run Misdemeanor Charges

Misdemeanors are lesser charges than felonies, but they still carry steep penalties. Typically, misdemeanors are filed when property is involved. So, if you are driving a vehicle and accidentally hit a telephone pole, you may only be charged with a misdemeanor. Some of the penalties associated with a misdemeanor charge are:

• Up to six months in jail
• Fines up to $1,000
• Possible probation period
• Possibile restitution to injured parties

Under California Penal Code 1378, misdemeanors may be dismissed if you agree to take on the cost of the damages. In order for this to happen, you and the other party must come to a civil compromise. This agreement stops the criminal proceedings and any penalties you might be facing. Retaining an experienced San Bernardino criminal defense attorney can help you through this process to ensure that all charges are dropped.

Hit and Run Felony Charges

Hit and runs can also result in a felony charge, especially if the injuries sustained were serious or fatal. Most injuries that require medical attention are considered serious. If you are charged with a felony in a hit and run accident, you may have to serve the following punishments:

• Two-four years in a state prison
• Fines up to $10,000
• Possible counseling
• Possible probation period
• Possible restitution to injured parties

If the accident resulted in a fatality, the charges will most likely be more serious. Rather than spending two-four years in a state prison, you could spend up to five years behind bars. You may also be charged with vehicular manslaughter under California Penal Code 192(c).

Another element to consider is how a hit and run accident can affect your driving record. If you have other violations against you, it’s possible that your license can be suspended. Your insurance premiums may also increase. Fortunately, a San Bernardino criminal defense lawyer can help you avoid these situations by keeping points off your driving record.

Common Defenses for Hit and Run Accidents

Our hit and run defense lawyers work tirelessly to fight for our clients’ rights. In order to be convicted of the charges discussed above, the prosecutor must prove the following:

• You were the one driving the vehicle, and the vehicle was involved in a collision
• The collision caused damage to a person or piece of property
• You were aware that damage occurred or that the type of accident would result in damage
• You deliberately failed to uphold your responsibility of stopping at the scene of the accident and exchanging the proper information

If any of this information cannot be proved, you may avoid a conviction for a felony or misdemeanor. Our criminal defense firms in San Bernardino start here and help you understand all of the points that must be proven in court. For example, if you were unaware of the damage caused by the accident, you may be able to avoid conviction.

However, there are many instances where the charges brought against you are justified. If this is the case, our lawyers will build a strong defense on your behalf.

• You were threatened by the other person involved in the accident
• You accidentally left the scene of the accident, but did not do so deliberately
• The claims made against you by the other party are exaggerated or false
• The accident did not result in any type of injury or damages
• You provided reasonable assistance to the other party
• You had an emergency situation and could not stop

Additionally, if only your vehicle suffered damage due to the collision, you may not have to stop under California law. For example, if you were driving home and hit a fence but did not cause damage, you may not be required to stop and call the police.

Build a Strong Case with Our San Bernardino Hit and Run Defense Attorneys

Hit and run cases are not black and white, which is why it’s imperative to retain a reliable team of San Bernardino hit and run defense attorneys. Our lawyers will review your case and determine the best outcome. If there is additional evidence to submit, we will do so as well. Additional evidence includes things like witness statements, character letters and mitigating evidence. With the right legal counsel, you may be able to reduce the charges or drop them altogether.

The San Bernardino criminal defense lawyers at the Law Offices of David S. Chesley are here to help. We understand that you may have made a poor decision because you were scared or unsure of what to do. To protect your best interests, we strongly suggest not talking to anyone until you talk to us.

Contact us today for a free, confidential consultation or fill out our contact form.