Have you been accused of a hit-and-run in San Jose, California? Ahmed & Sukaram, Criminal Defense Attorneys, can help when you call (408) 217-8818. We offer a confidential consultation with a San Jose hit-and-run defense lawyer who can review the allegations, explain the charges you may face, and begin evaluating the evidence against you.
A hit-and-run charge in Santa Clara County can arise after an accident involving property damage, injuries, or death. The potential consequences depend heavily on what happened at the scene, making it important to determine what prosecutors must prove under California law.
Why Choose Ahmed & Sukaram, Criminal Defense Attorneys to Help Me If I’ve Been Accused of a Hit-and-Run in San Jose, CA?
At Ahmed & Sukaram, Criminal Defense Attorneys, we offer decades of criminal defense experience to clients accused of hit-and-run offenses in San Jose, CA. Our attorneys examine the facts surrounding the accident, what happened afterward, and the evidence prosecutors may use to pursue charges.
Our firm offers:
- Representation led by a California State Bar Certified Specialist in Criminal Law
- Attorneys with 30 years of combined experience
- More than 3,000 criminal cases successfully resolved, including over 50 jury trials
- Recognition by National Trial Lawyers Top 100
- Super Lawyers Rising Star honors from 2012 through 2021
- Membership in California Attorneys for Criminal Justice, the California Public Defender’s Association, and the California DUI Lawyers Association
Our San Jose criminal defense attorneys can review the allegations and determine what defenses may apply based on the evidence in your case. Call us today to schedule a confidential consultation.
What Is a Hit-and-Run in California?
A hit-and-run occurs when a driver involved in a collision leaves the scene without completing the duties required by California law. These duties vary depending on whether the accident caused property damage, injury, or death.
For an accident involving only property damage, the driver generally must stop and provide identifying information to the owner of the damaged property. If the accident results in injury or death, the driver must stop, provide the required information, and render reasonable assistance to anyone who is injured.
A driver does not have to cause the accident to face hit-and-run charges. The offense is based on leaving the scene without fulfilling the required duties, not on who was at fault for the collision.
What Are the Penalties for a Hit-and-Run in San Jose, California?
The penalties for a hit-and-run depend largely on whether the accident involved property damage or injury. Leaving the scene of an accident involving only property damage is generally a misdemeanor under Vehicle Code § 20002. A conviction can result in up to six months in county jail, a fine of up to $1,000, or both.
A hit-and-run involving injury or death is more serious. Under Vehicle Code § 20001, the offense may be punished as a misdemeanor or felony, depending on the circumstances. When an accident results in death or permanent, serious injury, a felony conviction can carry a state prison sentence of two, three, or four years.
Our San Jose hit-and-run defense attorneys can help you understand the potential consequences of your charges and build a strong defense strategy.
What Defenses Can Be Raised if I’m Accused of a Hit-and-Run?
The defenses available in a San Jose hit-and-run case depend on the evidence and what occurred at the accident scene. Prosecutors still bear the burden of proving the elements required for the charged offense.
Potential defenses may include:
- Lack of knowledge: The driver did not know that an accident had occurred, or did not know that it caused the type of damage or injury required for the charged offense.
- Mistaken identity: The prosecution cannot establish that the accused person was driving the vehicle.
- Compliance with legal duties: The driver stopped and performed the duties required under the circumstances.
- Insufficient evidence: The available evidence does not establish every element of the offense beyond a reasonable doubt.
- Emergency circumstances: The circumstances surrounding the driver’s departure may be relevant to establishing criminal liability.
A defense depends on the facts of the particular case. Police reports, photographs, video footage, witness statements, vehicle damage, and electronic records may all become important when determining what happened.
How a Criminal Defense Attorney Can Help if You’ve Been Accused of a Hit-and-Run
A hit-and-run investigation may begin before police ever speak with the suspected driver. Officers may use witness descriptions, surveillance footage, license plate information, or vehicle damage to identify a suspect.
A San Jose criminal defense lawyer can examine how law enforcement connected you to the accident and whether the evidence supports the charge.
Depending on the case, your attorney may:
- Review police reports and witness statements
- Examine surveillance, traffic, or body-camera footage
- Evaluate evidence concerning who was driving
- Review vehicle damage and accident evidence
- Determine whether the prosecution can establish the required knowledge
- Handle communications and negotiations with prosecutors
- Prepare the case for trial when necessary
Early review can be particularly important when evidence about the accident scene or the identity of the driver may change or become more difficult to obtain over time.
Schedule a Confidential Case Evaluation With Our San Jose Hit-and-Run Defense Lawyers Today
Ahmed & Sukaram, Criminal Defense Attorneys, represent people facing hit-and-run charges in San Jose, CA, and throughout Santa Clara County. The circumstances surrounding the accident, including whether it involved property damage or injuries, can affect the charges and potential penalties.
Our attorneys can examine the evidence, determine whether prosecutors can prove the required elements, and identify defenses that may apply. Contact us today to schedule a confidential case evaluation with a San Jose hit-and-run defense attorney.