Facing a Hit and Run Charge in Miami?

Leaving the scene of a crash in Florida can be a misdemeanor or a felony. The charge level depends on what the crash caused: property damage, an injury, a serious injury, or a death. This guide explains the legal consequences of a hit and run charge in Florida, from jail and fines to license points and civil claims. Patrick Wilson Law, PLLC is a Miami criminal defense firm. Patrick David Wilson is the lawyer responsible for this page. For more, see our leaving the scene of an accident attorney page.

What Florida Law Treats as a Hit and Run

A hit and run is leaving the scene of a crash without meeting the driver’s duties under state law. Those duties start at the crash. The driver must stop and stay at the scene. The driver must give a name, address, and registration number. If asked, the driver must show a license or permit. The driver must also give reasonable help to an injured person, including arranging a ride to a doctor or hospital when treatment looks necessary or when the injured person requests it (Fla. Stat. § 316.062).

The duty to stop applies even when the damage looks small: a crash involving only damage to a vehicle or other property that is driven or attended by a person requires the driver to stop immediately and remain at the scene under § 316.061. A crash resulting in damage to any vehicle or other property that is driven or attended by a person also triggers the duty to give information (Fla. Stat. § 316.062). The duty to give information does not reach information that would violate the driver’s privilege against self-incrimination (§ 316.062). The state publishes its own guidance on this duty, in the FLHSMV hit-and-run guidance.

Florida classifies felonies into capital, life, and first-, second-, and third-degree felonies, and misdemeanors into first- and second-degree misdemeanors (§ 775.081). The tiers below follow the harm the crash caused.

Penalties When the Crash Caused Only Property Damage

For a second-degree misdemeanor, § 775.082 allows a definite jail term of no more than 60 days.

The court can also order restitution. If the driver is convicted of this offense and caused or contributed to the crash, the court may order the driver to pay restitution to the owner for damage his or her vehicle caused (§ 316.061).

Many drivers think a damage-only case is minor. The problem is often the decision to drive away before exchanging information. Leaving a damage-only crash without stopping is a second-degree misdemeanor under § 316.061, so it is a criminal charge; under § 775.08, the term misdemeanor does not include a noncriminal chapter 316 traffic violation.

Penalties When the Crash Caused Injury

Leaving a crash that injures someone, but not seriously, is a third-degree felony.

The line between injury and serious injury matters. The statute defines serious bodily injury as an injury that creates a substantial risk of death, serious disfigurement, or protracted (long-lasting) loss or impairment of a body part or organ (§ 316.027).

A felony charge is a bigger step than a misdemeanor. The case carries a felony label, and that label stays on a criminal record. Sealing and expunging are separate legal steps. Our seal and expunge page explains how they differ.

Injuries are not always clear at the roadside. The statute looks at the injury the crash actually caused.

Penalties When the Crash Caused Death or Serious Injury

Leaving a crash that causes a death is a first-degree felony. A person who willfully leaves a crash that causes a death must be sentenced to a mandatory minimum of 4 years in prison, though the defendant may move to depart from that minimum unless the violation was committed while driving under the influence (§ 316.027).

Fines for first- and second-degree felonies can reach $10,000 (§ 775.083).

A separate statute covers vehicular homicide. It is a killing caused by a motor vehicle operated in a reckless manner. The base offense is a second-degree felony. 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 (§ 782.071). That paragraph does not require proof that the driver knew the crash caused injury or death. Read our vehicular homicide defense page for the death-case details.

License, Record, and Civil Consequences

The legal consequences of a hit and run charge in Florida can reach a license, a criminal record, and a civil claim. Each follows its own track.

Leaving a crash with property damage over $50 adds 6 points to a driver’s record (§ 322.27). A driver who reaches 12 points within 12 months faces a suspension of not more than 30 days. The state can also suspend a license after a conviction for a traffic-law violation that caused death, personal injury, or property damage over $500 (§ 322.27). Under § 322.28, the department generally may not suspend a license for more than 1 year, unless that section otherwise provides. For leaving the scene of a crash involving injury, serious injury, or death, § 316.027 requires revocation for at least 3 years.

A civil case is separate from the criminal case and runs on its own timeline. A civil judgment can affect a license too.

Licensed professionals often ask a second question: how a charge could affect their license. Our criminal defense for licensed professionals page covers that concern.

Facts That Shape How a Hit and Run Charge Is Handled

The outcome of any hit and run charge depends on the facts. Those facts usually include what the driver knew, whether the driver stopped and gave information, whether anyone was hurt, and the driver’s prior record.

Vehicle damage, witness statements, and camera footage often matter in these cases. Prior record matters too. A prior qualifying conviction can raise a vehicular homicide charge to a first-degree felony (§ 782.071).

A first-time offender may face different questions than a driver with a prior record. See our first-time offender defense page for more on that difference.

Talk to a Miami Criminal Defense Attorney About Your Situation

Many people who call about a crash feel scared and unsure. Families often feel the same when a loved one is the driver. The questions below cover the basics.

What are the legal consequences of a hit and run charge in Florida?

The penalties depend on the harm. Under s. 316.027(2)(a)-(c), a driver who willfully leaves the scene of a crash commits a felony of the third degree when the crash results in injury other than serious bodily injury, a felony of the second degree when it results in serious bodily injury, and a felony of the first degree when it results in death, which carries a mandatory minimum term of imprisonment of 4 years (§ 316.027). The defendant may move to depart from that minimum unless the driver was under the influence, and 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 (§ 316.027).

Is a hit and run a felony in Florida?

It can be. Leaving a damage-only crash is a misdemeanor, but leaving after an injury or death is a felony.

How much jail time is possible for a hit and run in Florida?

A driver who willfully leaves the scene of a fatal crash commits a first-degree felony. The statute sets a 4-year mandatory minimum prison term, but the defendant may move to depart from that minimum on the findings the statute requires, unless the violation was committed while driving under the influence.

Can you be sued after a crash with no injuries in Florida?

Yes.

Patrick Wilson Law, PLLC concentrates in DUI, vehicular homicide, leaving the scene, and related criminal defense for clients in Miami-Dade, Broward County, and the Florida Keys. If you’re trying to make sense of a crash you were part of, or a charge a family member faces, call 786-761-1719 or leave a message. Your first consultation is free, confidential, and carries no obligation to continue. You can also request a consultation online.