Being involved in a traffic accident is stressful under any circumstances. But when you’re accused of leaving the scene—sometimes called a “hit-and-run”—the stakes rise dramatically. Florida law takes these charges very seriously, and the consequences can be life-changing. If you or someone you know is facing this situation, hiring an experienced criminal defense lawyer is one of the most important steps you can take to protect your rights, your freedom, and your future.
Understanding Florida’s Law on Leaving the Scene
Under Florida Statutes § 316.061 and § 316.027, drivers have a legal duty to stop immediately after an accident that results in property damage, injury, or death. Failing to do so is a crime. The severity of the charge depends on the circumstances:
- Property Damage Only – Leaving the scene is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
- Injury – If someone is hurt, the offense becomes a third-degree felony, carrying up to 5 years in prison and a $5,000 fine.
- Serious Bodily Injury – The charge increases to a second-degree felony, with a potential 15-year prison sentence and a $10,000 fine.
- Death – The most serious cases are first-degree felonies, punishable by up to 30 years in prison and a $10,000 fine, along with mandatory driver’s license revocation.
Even a misdemeanor conviction can leave you with a permanent criminal record that can affect your employment, housing, and professional licensing opportunities. Felony convictions can change the course of your life entirely.
Why People Leave the Scene
Prosecutors and judges often assume that leaving an accident reflects guilt or an attempt to escape responsibility. But in reality, there are many reasons why you may have failed to stop or remain at the scene:
- Fear or panic in the moment
- Not realizing that any damage or injury occurred
- Medical emergencies
- Concern for dealing with an angry driver late at night
- Lack of awareness of the legal duty to stay
An experienced lawyer can present these facts to explain what really happened and argue for a more favorable outcome in your case.
What Florida Courts Say
Florida appellate courts have made it clear that prosecutors must prove more than just a driver’s involvement in an accident to secure a conviction. Rather, the State has to show knowledge and a willful failure to remain at the scene.
For example:
- In State v. Mancuso, 652 So. 2d 370 (Fla. 1995), the Florida Supreme Court held that leaving the scene statutes require proof that the driver knew or should have known of the crash. A lack of awareness can be a valid defense.
- In Crosby v. State, 317 So. 3d 1221 (Fla. 1st DCA 2021), the First District Court of Appeal overturned a conviction because the state failed to prove the defendant had actual knowledge of the accident.
- Similarly, in Dorsett v. State, 158 So. 3d 557 (Fla. 4th DCA 2015), the court reversed a conviction, emphasizing that mere involvement in a collision is not enough without proof of knowledge and intentional flight.
These cases highlight why having a lawyer matters: an experienced defense attorney will know how to argue that the State’s evidence falls short of these legal requirements.
The Stakes Are Higher Than You Think
Leaving the scene charges carry more than just fines or jail time. You could also be facing:
- Driver’s license suspension or revocation – sometimes mandatory for years.
- Increased insurance premiums or outright cancellation of policies.
- Civil lawsuits from victims seeking damages.
- Collateral consequences such as difficulty finding jobs, maintaining professional licenses, or even traveling internationally.
Without strong legal representation, you risk facing these consequences and possibly more.
How a Lawyer Can Help
Hiring a lawyer is not just about having someone stand beside you in court. It’s about having a professional advocate who knows Florida law, understands local prosecutors and judges, and can craft a defense strategy tailored to your unique situation. Here are several ways a lawyer can make a difference in your case:
- Investigating the Facts
Your lawyer can conduct a thorough investigation of the accident. This may include reviewing police reports, accident reconstruction evidence, surveillance footage, and witness statements. A skilled attorney can uncover details that cast doubt on the prosecution’s version of events.
- Challenging the Evidence
The State must prove every element of the charge beyond a reasonable doubt. Did you know about the accident? Did you cause injury or damage? Did you willfully fail to stop? A lawyer can challenge the credibility of witnesses, question the accuracy of accident reports, and suppress unlawfully obtained evidence.
- Negotiating with Prosecutors
In many cases, your lawyer can negotiate with prosecutors for a reduction in charges or penalties. For example, a felony might be reduced to a misdemeanor, or jail time might be avoided in favor of probation, restitution, or community service. Without an attorney’s assistance, you may never be offered these alternatives.
- Protecting Your Record and Your License
Your lawyer will also work to minimize the long-term consequences of a conviction. Options such as pretrial diversion programs, withhold of adjudication, or plea agreements may keep you out of jail and help preserve your record. Protecting your driver’s license is especially critical, since most Floridians rely on driving for work and family responsibilities.
- Guiding You Through the Process
For many people, this is their first encounter with the criminal justice system. The process is confusing, intimidating, and full of potential pitfalls. A lawyer provides not just legal knowledge, but also guidance, reassurance, and advocacy every step of the way.
Why Acting Quickly Matters
The earlier you involve a lawyer, the stronger your defense can be. Critical evidence may disappear quickly—video footage is erased, witnesses’ memories fade, and accident scenes change. Early intervention also allows your attorney to communicate with law enforcement and prosecutors before formal charges are filed, sometimes leading to more favorable resolutions.
Conclusion
Leaving the scene of an accident is a criminal offense under Florida law, with penalties ranging from jail time to decades in prison. But an arrest is not the same as a conviction. As Florida courts have repeatedly recognized, the State must prove knowledge and intent—something that is often far more complex than it appears. With a knowledgeable and dedicated lawyer on your side, you have the best chance of protecting your rights, avoiding the harshest penalties, and moving forward with your life.
If you or a loved one is facing charges of leaving the scene of an accident in Florida, don’t wait. Contact an experienced Jacksonville criminal defense attorney today to discuss your options and begin building a strong defense.