Leaving the scene of an accident in Florida is not just a traffic violation. It is a criminal offense that can result in felony charges, years in prison, and a permanent criminal record. Whether the crash involved property damage, injuries, or a fatality, Florida law imposes strict penalties on drivers who fail to stop and fulfill their legal obligations.
If you are facing hit and run charges in Florida, understanding the law and your defense options is the first step toward protecting your future. This guide covers everything you need to know about Florida’s hit and run statutes, the penalties at each level, common defense strategies, and what to do if you have been charged.
Call Galanter Law, P.A. at (305) 576-0244 for a free consultation with an experienced criminal defense attorney who can fight for your rights.
What Is a Hit and Run Under Florida Law?
Florida law uses the term “leaving the scene of an accident” to describe what most people call a hit and run. Two primary statutes govern these offenses:
- Florida Statute 316.061 covers crashes involving property damage only
- Florida Statute 316.027 covers crashes involving injury or death
Under both statutes, any driver involved in a crash on public or private property must immediately stop, remain at the scene, and comply with the requirements of Florida Statute 316.062. Those requirements include:
- Providing your name, address, and vehicle registration number to the other party
- Displaying your driver’s license upon request
- Rendering reasonable assistance to anyone injured in the crash, including arranging transportation to a medical facility if necessary
- Reporting the crash to law enforcement
Failing to fulfill any of these obligations after an accident can result in criminal charges, regardless of who was at fault for the collision itself.
Florida Hit and Run Penalties: A Complete Breakdown
The severity of hit and run penalties in Florida depends entirely on the outcome of the accident. Florida law creates four distinct tiers of charges, each with escalating consequences.
Property Damage Only (F.S. 316.061)
When a hit and run involves only damage to vehicles or property and no one is injured, the offense is classified as a second-degree misdemeanor.
Penalties include:
- Up to 60 days in jail
- Fine of up to $500
- Points on your driving record
- Possible driver’s license suspension
Even though this is the least severe category, a conviction still creates a criminal record that can affect employment, housing, and insurance rates.
Injury (Non-Serious) (F.S. 316.027(2)(a))
If someone suffers a non-serious injury and the driver leaves the scene, the charge is elevated to a third-degree felony.
Penalties include:
- Up to 5 years in prison
- Fine of up to $5,000
- Mandatory driver’s license revocation for at least 3 years
- Court-ordered restitution to the victim
Serious Bodily Injury (F.S. 316.027(2)(b))
When the crash results in serious bodily injury, defined as a physical condition that creates a substantial risk of death, serious disfigurement, or protracted loss of bodily function, the charge becomes a second-degree felony.
Penalties include:
- Up to 15 years in prison
- Fine of up to $10,000
- Mandatory driver’s license revocation for at least 3 years
- Court-ordered restitution
Death (F.S. 316.027(2)(c))
Leaving the scene of a fatal crash is a first-degree felony, the most serious hit and run charge in Florida.
Penalties include:
- Up to 30 years in prison
- Mandatory minimum sentence of 4 years (cannot be reduced by the judge)
- Fine of up to $10,000
- Mandatory driver’s license revocation for at least 3 years
- Court-ordered restitution
If the driver was also under the influence of alcohol or drugs (DUI) at the time, the mandatory minimum remains 4 years. Drivers with prior hit and run, racing, or DUI convictions must be held in custody until a bail hearing.
Is a Hit and Run a Felony in Florida?
This is one of the most common questions people ask after being charged. The answer depends on whether anyone was injured:
| Accident Outcome | Charge Level | Maximum Sentence |
|---|---|---|
| Property damage only | Second-degree misdemeanor | 60 days in jail |
| Non-serious injury | Third-degree felony | 5 years in prison |
| Serious bodily injury | Second-degree felony | 15 years in prison |
| Death | First-degree felony | 30 years in prison |
The key distinction: If the accident resulted in any injury, even a minor one, a hit and run becomes a felony in Florida. Only property-damage-only cases remain misdemeanors.
Additional Consequences Beyond Criminal Penalties
A hit and run conviction in Florida carries consequences that extend well beyond fines and prison time:
- Driver’s license revocation: Minimum 3-year revocation for any hit and run involving injury or death. Reinstatement requires meeting strict DMV requirements and may involve additional fees, classes, or conditions.
- Civil liability: The injured party or their family can file a civil lawsuit for damages, separate from any criminal penalties. Florida courts are required to order restitution to victims in hit and run cases.
- Insurance impact: A hit and run conviction will significantly increase your auto insurance premiums. Some carriers may cancel your policy entirely.
- Employment consequences: A felony conviction can disqualify you from certain jobs, professional licenses, and housing opportunities.
- Immigration consequences: For non-citizens, a felony hit and run conviction can trigger deportation proceedings or prevent naturalization.
Common Defense Strategies for Hit and Run Charges
An experienced criminal defense attorney can evaluate the specific facts of your case and build a defense strategy tailored to your situation. Common defenses include:
Lack of Knowledge
One of the most effective defenses is demonstrating that the driver did not know an accident occurred. Florida’s hit and run statutes require the driver to “willfully” leave the scene. If the driver was genuinely unaware of the collision, such as in a low-speed parking lot bump or a situation with poor visibility, this defense may apply.
Mistaken Identity
In many hit and run cases, witnesses provide partial descriptions of the vehicle or driver. If your car matches a general description but you were not involved in the accident, your attorney can challenge the identification evidence.
Returning to the Scene
If the driver left the scene initially but returned within a reasonable time to provide information and render aid, this may serve as a mitigating factor or a complete defense depending on the circumstances.
Emergency Situations
If the driver left the scene due to a legitimate emergency, such as seeking medical attention for their own injuries or fleeing a dangerous situation, this context can be presented to the court.
Insufficient Evidence
The prosecution must prove every element of the offense beyond a reasonable doubt. Your defense attorney can challenge the evidence, including witness testimony, surveillance footage, and forensic evidence linking you to the crash.
What to Do If You Are Charged with Hit and Run in Florida
If you are facing hit and run charges, take these steps immediately:
- Exercise your right to remain silent. Do not discuss the incident with police, investigators, or insurance adjusters without an attorney present. Anything you say can be used against you in court.
- Contact an experienced criminal defense attorney. A skilled lawyer can review the evidence, identify weaknesses in the prosecution’s case, and build a defense strategy to protect your rights.
- Preserve evidence. Gather any evidence that supports your case, including photographs of your vehicle, dashcam footage, phone records showing your location, and contact information for any witnesses.
- Do not contact the other party. Any communication with the other driver or their family should go through your attorney.
- Attend all court appearances. Failing to appear can result in additional charges and a bench warrant for your arrest.
Do not wait to get legal help. Contact Galanter Law, P.A. at (305) 576-0244 for a free initial consultation. Our attorneys have decades of experience defending clients against serious criminal charges throughout Miami-Dade, Broward, and Palm Beach counties.
Your Legal Obligations After Any Florida Car Accident
Understanding your duties after a crash can help you avoid hit and run charges in the first place. Under Florida Statute 316.062, every driver involved in an accident must:
- Stop immediately at the scene or as close as safely possible
- Provide your information: name, address, vehicle registration, and driver’s license to the other party and to law enforcement
- Render reasonable assistance to anyone injured, including calling 911 or arranging transportation to a hospital
- Report the crash to law enforcement
These obligations apply regardless of fault. Even if the other driver caused the accident, leaving the scene without fulfilling these requirements can result in criminal charges against you.
Special Rules for Unattended Vehicles and Property
If you hit an unattended vehicle or property (such as a mailbox, fence, or parked car), Florida Statute 316.063 requires you to:
- Locate the owner and provide your information, or
- Leave a written note in a conspicuous place on the vehicle or property with your name, address, and vehicle registration number
- Report the crash to police
Failing to do so is a second-degree misdemeanor under Florida law.
Why You Need an Experienced Criminal Defense Attorney
Hit and run cases in Florida are aggressively prosecuted, and the penalties are severe. A conviction can mean years in prison, thousands in fines, loss of your driving privileges, and a permanent felony record.
Yale L. Galanter and the attorneys at Galanter Law, P.A. have over 35 years of experience defending clients facing criminal charges in South Florida. Our team conducts thorough investigations, analyzes every piece of evidence, and crafts customized defense strategies to achieve the best possible outcome for each client.
We serve clients throughout Miami-Dade County, Broward County, and Palm Beach County, and we are available 24/7 to take your call.
Schedule your free initial consultation today. Call (305) 576-0244 or contact us online to speak with a criminal defense attorney who will fight for your rights.
Frequently Asked Questions About Hit and Run in Florida
Is a hit and run a felony in Florida?
It depends on the outcome of the accident. A hit and run involving only property damage is a second-degree misdemeanor. However, if anyone was injured, the charge becomes a felony. Injuries elevate it to a third-degree felony (up to 5 years in prison), serious bodily injuries make it a second-degree felony (up to 15 years), and a fatal hit and run is a first-degree felony carrying up to 30 years in prison with a mandatory minimum of 4 years.
What should I do if I left the scene of an accident in Florida?
Contact a criminal defense attorney immediately before speaking to police or investigators. An experienced lawyer can advise you on how to handle the situation, protect your rights, and potentially negotiate with prosecutors. Returning to the scene or cooperating after the fact may be a mitigating factor, but legal guidance is essential.
Can I go to jail for a hit and run in Florida?
Yes. Even for property-damage-only cases, you face up to 60 days in jail. For felony hit and run charges involving injury, you could face up to 5 years, 15 years, or even 30 years in prison depending on the severity of the injuries. Fatal hit and run cases carry a mandatory minimum of 4 years.
How long do police have to investigate a hit and run in Florida?
The statute of limitations depends on the charge level. Misdemeanor hit and run cases (property damage only) generally have a 1-year statute of limitations. Felony cases involving injury have longer timeframes, with first-degree felonies (fatal crashes) having no statute of limitations in some circumstances. An attorney can advise you on the specific deadlines in your case.
What if I did not know I was in an accident?
Lack of knowledge is a valid defense. Florida law requires the driver to “willfully” leave the scene. If you genuinely did not realize a collision occurred, such as during a minor parking lot incident, your attorney can argue that you did not willfully violate the statute. Evidence like the nature of the impact, road conditions, and your vehicle type can support this defense.
Can hit and run charges be dropped in Florida?
Yes, charges can potentially be dismissed or reduced. Common reasons include insufficient evidence linking you to the crash, mistaken identity, procedural errors by law enforcement, or successful negotiation by your defense attorney. Each case is unique, which is why having experienced legal representation is critical.
