Fairfax Hit & Run Defense Lawyers

Understanding Hit & Run Charges in Virginia

Hit-and-run charges not only carry serious consequences upon conviction but also come with a significant social stigma. If you have been charged with a hit-and-run, you need a skilled criminal defense attorney who can fight to limit your exposure to consequences and move you toward a successful resolution in the most efficient manner possible.

At Lawrence, Smith & Gardner, our Fairfax hit-and-run defense attorneys have more than four decades of experience protecting clients as they navigate the criminal justice system. We understand the stress that accompanies criminal charges. Our goal is to educate our clients on the legal process and inform them of any possible challenges they might face along the way. We are ready to fight aggressively for you from the moment you call until the moment your case is resolved.

Arrested for a hit-and-run in Fairfax or Prince William County? Call Lawrence, Smith & Gardner at (703) 382-5840 or contact us online today for a free consultation.

What Is a Hit & Run? 

Under Virginia law, anyone who is involved in a motor vehicle accident is required to stop, identify themselves, provide contact information (if necessary), and render reasonable aid to others involved in the crash. If no one else was involved in the accident, but someone else’s property was damaged, you must make reasonable efforts to locate the property’s owner or, if you cannot locate the owner, to leave a note with your name and contact information. 

It doesn’t matter who is at fault for the accident or how it happened; if you are involved in a crash, you must stop. Failure to do so is known as “fleeing the scene of the accident,” or committing a hit-and-run. 

How Are Hit & Runs Charged? 

A hit-and-run accident may be charged as either a misdemeanor or felony, depending on the circumstances of the crash. Additionally, there are several different classes of misdemeanors and felonies, each carrying their own set of penalties. 

Typically, hit-and-runs are charged in the following ways in Virginia: 

• Class 4 Misdemeanor: A hit-and-run may be charged as a Class 4 misdemeanor if the incident resulted in damage to unattended property and the value of the damage is less than $250. Both drivers and passengers over the age of 15 can be charged with a Class 4 misdemeanor in this type of hit-and-run.
• Class 1 Misdemeanor: The offense may be charged as a Class 1 misdemeanor if the property involved was attended and the damage amounted to less than $1,000, or if the property involved was unattended and the damage amounted to between $250 and $1,000. A passenger over the age of 15 can be charged equally to the driver if they fail to report the incident.
• Class 6 Felony: If the hit-and-run accident resulted in bodily injury or death, a passenger who is at least 16 years old can be charged with a Class 6 felony for failing to report the accident.
• Class 5 Felony: The driver who caused the hit-and-run accident can be charged with a Class 5 felony if the crash resulted in bodily injury, death, or property damage valued at more than $1,000, regardless of whether the property was attended or unattended.

The driver or passenger over the age of 15 involved in any accident has 24 hours to report the crash; failure to do so may constitute a hit-and-run, and the driver or passenger could face associated charges. 

What Are the Penalties for a Hit & Run in Virginia? 

Fleeing the scene of an accident is a crime in Virginia, and the consequences of a conviction are severe. The exact penalties you could face depend on the circumstances of the incident, such as whether anyone was injured or killed in the crash. Generally speaking, hit-and-run accidents involving only unattended property carry lesser charges and penalties than those involving attended property, other people, and injuries or deaths.