Leaving the scene of an accident is a severe violation, also referred to as a hit and run. The charges can range from a class 1 misdemeanor, class 2 felony, class 3 misdemeanor, class 3 felony, or a class 5 felony. Each is a different scenario played out below:

  • Class 3 Misdemeanor: You hit a fixture, public or private property, or an unoccupied parked vehicle and cause no damage and leave the scene.
  • Class 2 Misdemeanor: You hit an unoccupied parked vehicle, cause damage, and leave the scene.
  • Class 1 Misdemeanor: You hit an occupied vehicle, cause no physical injuries, and leave the scene.
  • Class 5 Felony: You are involved in an accident resulting in an injury other than death or serious physical injury and leave the scene.
  • Class 3 Felony: You are not at fault in an accident in which severe injury or death occurred and left the scene.
  • Class 2 Felony: You caused the accident, which resulted in severe physical injury or death, and left the scene.

What Does the Law Say About Leaving an Accident Scene?

In Gilbert, Arizona, the law is evident that a driver involved in an accident must stop, check on others involved, assist in any way, exchange information, and wait for the first responders to arrive on the scene, including the responding officers.

Every situation is different, but leaving the scene of an accident comes with severe consequences. It is charged to the “fullest extent of the law.” The prosecution team will use every angle to prove the defendant’s guilt. The Arizona judges rule in favor of the most severe sentence.

The Penalties of Leaving the Scene of an Accident in Gilbert, Arizona

The penalties are broken down into two sections: misdemeanors and felonies. Each has different classes, which makes a difference in the penalties. These are the maximum penalties possible.

  • Class 3 Misdemeanor: 30 days in prison, 1-year probation, and a $500 fine.
  • Class 2 Misdemeanor: 30 days in jail, 1-year probation, and a $500 fine.
  • Class 1 Misdemeanor: 4 months in jail, 2 years of probation, and a $750 fine.
  • Class 5 Felony: 2.5 years in prison and a revoked driver’s license for 3 years, not including any time the person is incarcerated.
  • Class 3 Felony:5 to 7 years in prison, and a revoked license for 5 to 10 years, not including any time the person is incarcerated.
  • Class 2 Felony: 12.5 years in jail and a revoked license for 10 years, not including any time the person is incarcerated.

Strategies of a Gilbert DUI Defense Attorney

As mentioned earlier, the prosecution will push for the maximum sentence and use strategic measures to prove the defendant guilty. A strong Gilbert defense attorney has strategies to fight back for their client. Some of the most popular methods are listed below:

  • Negotiating to avoid criminal charges;
  • Fight to lessen the charges;
  • Lessen felonies to a misdemeanor;
  • Work to reduce the penalties;
  • Appeal after the judge’s ruling.

Help from a Gilbert DUI Defense Attorney

If guilt is proven beyond doubt, the only option is to lessen the penalties. Only an Arizona hit and run defense attorney can help in this matter. If you find yourself in this unfortunate situation, there is little to no hope without a strong defense attorney in Gilbert, Arizona.

The defense attorney will have a rebuttal in court to fight for you. They understand panic sets in after an accident.

At Rosenstein Law Group, we are dedicated to fighting for the rights of our clients and providing excellent legal representation to those who have been accused of a crime in Gilbert, Arizona. Contact our firm today to discuss your case. Call (480) 248-7666 or online here.

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