What are the Defenses to Hit and Run Charges

 What are the defenses to hit and run charges in Texas. That is the question anyone ask that is charged with hit and run charges in Texas.  The defenses to a hit and run charge can vary depending on the circumstances of the case. Some potential defenses might include:

  1. Lack of Knowledge: If the driver genuinely didn’t realize they were involved in an accident, the evidence may show a driver may not realize what happened.  For example, if they thought they hit an object like a pothole rather than a person or another vehicle.
  2. Lack of Intent: If the evidence shows that the driver didn’t intend to flee the scene but left due to a reasonable fear for their safety or other extenuating circumstances, they might have a defense.
  3. Duress or Necessity: If the driver left the scene under duress (e.g., someone threatened them) or out of necessity (e.g., to seek immediate medical attention), they might have a viable defense.
  4. Mistaken Identity: If the prosecution cannot prove beyond a reasonable doubt that the defendant was the driver who fled the scene, a mistaken identity defense could be raised.
  5. No Damage or Injury: If there was no damage to property or injury to individuals, the defendant might argue that there was no legal obligation to stop, though this defense is typically weaker if the accident involved a vehicle.
  6. Emergency Situations: If the driver fled the scene to seek help for injured parties or to prevent further harm, they might have a defense based on the emergency nature of the situation.
     If you have been arrested or investigated for Texas hit and run charges, contact a criminal attorney as soon as possible. If a detective calls or comes by your house to ask questions about an accident do not talk to him. Politely tell the detective you want to consult a lawyer. This is your constitutional right. The officer should understand, and a jury will understand. If you hire the right lawyer.

Texas Hit-And -Run

In Texas, leaving the scene of an accident, commonly referred to as a hit-and-run, is a serious offense. The penalties for leaving the scene of an accident vary depending on the circumstances, such as whether there was only property damage or if there were injuries or fatalities involved.

  1. Property Damage Only: If the accident involves only property damage (no injuries or fatalities), leaving the scene of the accident is a misdemeanor offense. The penalties for this offense can include fines of up to $5,000 and/or up to one year in jail.
  2. Injuries: If the accident involves injuries to another person, leaving the scene of the accident is considered a felony offense. If the victim experienced pain but didn’t suffer serious bodily injury the range of punishment is up to five years in prison or up to a one year in the county jail.  A person can also receive probation and a fine up too $10,000.
  3. Fatalities: If the accident results in the death of another person or causing serious bodily injury leaving the scene of the accident is a second degree. The penalty range is two to twenty years and a fine up to $10,000.

The accident does not have to be caused by the person who left the scene to be charged with a criminal case. The accident may be the fault of the person who was killed or injured, but all parties involved must remain at the scene.

Additionally, regardless of whether the offense is charged as a misdemeanor or a felony, leaving the scene of an accident can result in the suspension or revocation of the driver’s license.

It’s important to note that a person can receive deferred probation for a hit-and- run offense. If a person successfully makes it through deferred probation, then the case is dismissed.

If you are arrested or investigated for a hit and run crime in Texas, you need to speak to an experienced criminal attorney right away. You may have very good defenses to the charge. A criminal attorney can advise of the available defenses and directly deal with the police.