Charged After a Fatal Hit and Run? Speak With Our Team Before You Respond

A fatal hit-and-run charge in Florida is a felony. When a driver willfully leaves the scene of a crash that causes a death, the law treats it as a first-degree felony with a four-year mandatory minimum prison term (§ 316.027). This guide explains what the state must prove, how penalties work, and which facts matter most. It is written for drivers, their families, and anyone under investigation before an arrest.

What a Fatal Hit-and-Run Charge Means in Florida

A fatal hit-and-run charge says a driver left a crash that killed someone without doing what Florida law requires. The charge turns on the driver’s duties after the crash, not only on the crash itself.

Florida law requires a driver involved in a crash on public or private property that results in injury, serious bodily injury, or death to stop at the scene, or as close as possible, and stay until the duties are met (§ 316.027). Those duties appear in § 316.062. The driver must give his or her name, address, and vehicle registration number. The driver must also give reasonable help to anyone hurt, including arranging a ride to medical care if treatment is apparently necessary or the injured person asks for it (§ 316.062).

• A crash happened on public or private property.
• The crash caused a death, serious bodily injury, or another injury.
• The driver did not stop and stay as the law requires.
• The driver acted willfully.

Knowledge is often the central question. A driver may believe a crash was minor, then learn later that someone died. That question often shapes how a case is charged.

This page is for drivers in these situations, family members helping them, and anyone who believes they are under investigation.

Penalties: Felony Classification, Prison, Fines, and Mandatory Minimums

A willful hit-and-run that causes a death is a first-degree felony in Florida. The penalty rises with the outcome of the crash.

The statute defines serious bodily injury as a physical condition that creates a substantial risk of death, serious disfigurement, or lasting loss of function in a body part or organ.

A first-degree felony can bring a prison term of up to 30 years, or life imprisonment when a statute specifically provides for it (§ 775.082). Fines for a first- or second-degree felony cannot exceed $10,000 unless a higher amount is specifically authorized by statute or equals double the pecuniary gain or loss (§ 775.083).

A mandatory minimum sets the least prison time a judge may impose. Under Fla. Stat. § 316.027, paragraph (g) provides that the defendant may move to depart from the mandatory minimum term of imprisonment prescribed in paragraph (c) unless the violation was committed while the defendant was driving under the influence. The state may object to this departure. The court may grant the motion only if it finds that a factor, consideration, or circumstance clearly demonstrates that imposing a mandatory minimum term of imprisonment would constitute or result in an injustice.

License consequences follow a conviction. A driver who violates paragraph (a), paragraph (b), or paragraph (c) of this section must have the license revoked for at least three years (§ 316.027). Before reinstatement, a driver convicted of this violation must show proof of completing a victim’s impact panel session if one exists in the judicial circuit; if no such panel exists, a department-approved driver improvement course is required. The state can also suspend a license based on records, without a preliminary hearing (§ 322.27).

A felony conviction reaches beyond the courtroom. It can affect work and professional licenses. Non-citizens face a separate risk, because federal deportation grounds are listed in 8 U.S.C. § 1227.

Hit-and-Run Versus Vehicular Homicide: How the Charges Overlap

Leaving the scene and vehicular homicide are different charges. Leaving the scene focuses on what the driver did after the crash. Vehicular homicide focuses on how the vehicle was operated.

Vehicular homicide is the killing of a person caused by operating a motor vehicle “in a reckless manner likely to cause the death of, or great bodily harm to, another.” It is a second-degree felony (§ 782.071). It becomes a first-degree felony if the driver knew or should have known the accident occurred and failed to give information and render aid. The first-degree version does not require proof that the driver knew anyone was injured or killed. A prior qualifying conviction also makes it a first-degree felony.

The same crash can lead to both kinds of charge. The facts of the driving and the driver’s conduct afterward are reviewed under each.

Impairment adds another layer. If alcohol or drugs are alleged, DUI rules under § 316.193 may apply. When an officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, the officer must require a blood test (§ 316.1933).

The distinction matters. Each charge has different elements, penalties, and defenses.

Factors That Affect Severity and Exposure

The crash outcome, the driver’s conduct afterward, and the driver’s prior record shape exposure most. Each case depends on the facts, so no two files look the same.

• Knowledge. Whether the driver knew or should have known a crash occurred can raise a vehicular homicide charge to first degree.
• Return and information. Florida law says that if no one can receive information and no officer is present, the driver must, after fulfilling the other requirements of the crash statutes and insofar as possible, report the crash to the nearest police office (§ 316.062).
• Prior record. A prior qualifying conviction can make vehicular homicide a first-degree felony (§ 782.071).
• Impairment. If impairment is alleged, DUI and blood-test rules come into play.

Reviewing these factors early helps show where the state’s case is strong and where it has gaps.

How Our Team Examines These Cases

Our team starts with the state’s proof. A defense is built from the records, not from assumptions. We look at four areas.

• Who was driving. The state must connect a specific person to the vehicle. We review vehicle damage, registration records, and witness accounts.
• What the driver knew. We review whether the evidence shows the driver knew a crash happened or that someone was hurt.
• The evidence itself. Traffic and surveillance video, phone and vehicle data, dispatch logs, and medical findings often matter.
• Procedure. We check whether statements were obtained properly and whether blood testing followed the rules. Florida law says insubstantial differences from approved methods do not automatically invalidate a test (§ 316.1933).

Silence matters too. At first appearance, the judge must tell the defendant that he or she is not required to say anything (Fla. R. Crim. P. 3.130). No lawyer can promise a result in a case like this.

What to Expect: The Process From Investigation to Resolution

A case usually moves through five stages. Timing depends on the complexity of the case and the court’s schedule.

1. Investigation. Investigators trace the vehicle, collect video, and review records. Talking with a lawyer early helps you understand your rights before you make any statement.
2. Arrest and first appearance. An arrested person must see a judge within 24 hours, unless released earlier in a lawful manner (Fla. R. Crim. P. 3.130). The judge explains the charge and rights, then considers bail. Bail factors include the weight of the evidence, family ties, residence, employment, and past conduct (§ 903.046).
3. Case review. Your lawyer reviews the state’s reports, including crash reconstruction, forensic, and medical findings.
4. Motions and negotiation. Pretrial motions can challenge evidence. Discussions with the prosecutor may narrow the charges. No resolution can be promised.
5. Trial. If the case is not resolved, it goes to trial.

Florida’s hit-and-run guidance from the Department of Highway Safety and Motor Vehicles explains a driver’s duty to remain at the scene.

Why Families and Drivers Work With Patrick Wilson Law

Patrick Wilson Law, PLLC is a Miami criminal defense firm. It focuses on DUI, domestic violence, sexual battery, vehicular homicide, leaving the scene of an accident, and related charges. It serves clients from Broward County to the Florida Keys.

Patrick David Wilson is the responsible lawyer for this page. The firm’s lawyers include Patrick David Wilson and Sahara Fonseca. Our team also includes assistants and office staff who keep each case organized.

The firm concentrates on first-time offenders and licensed professionals whose careers are on the line. It also handles criminal defense for non-citizens and seal and expunge matters.

Our approach is direct, confidential communication. We explain the charge, the penalties, and the evidence in plain terms, so you can make informed decisions.

Our South Florida service area includes Miami-Dade County, Broward County, Fort Lauderdale, Miami Beach, Hialeah, Kendall, Homestead, and the Florida Keys.

Frequently Asked Questions