Miami Felony Hit And Run Defense

A hit-and-run in Florida transitions from a misdemeanor to a felony the moment there is any injury to another person. In Miami-Dade, where prosecutors from the State Attorney's Office handle these cases, the focus is on the “Willfulness” of the flight and the severity of the harm.

The Felony Penalty Tiers:

• If the crash results in Non-Serious Injury, it is a Third-Degree Felony. This includes anything from a passenger with whiplash to a pedestrian with minor abrasions. A conviction carries up to 5 years in prison, a $5,000 fine, and a mandatory 3-year license revocation.

• If the crash results in Serious Bodily Injury, the charge is elevated to a Second-Degree Felony. Florida defines “serious” as any injury involving a substantial risk of death, serious disfigurement, or the loss of function of a limb or organ. You face up to 15 years in Florida State Prison, a $10,000 fine, and mandatory license revocation.

• If the crash results in a Fatality, it is a First-Degree Felony. Under the Aaron Cohen Life Protection Act, there is a mandatory minimum of 4 years in prison and a maximum of 30 years. If the driver was also under the influence (DUI), the 4-year minimum is non-negotiable and cannot be “waived” by a judge except in extremely rare circumstances.

Long-Term Financial & Civil Exposure:

• Victim Restitution: Judges in Miami-Dade often make payment of the victim's full medical bills and property damage a condition of any plea deal or probation.
• Insurance Exclusion: A felony hit-and-run conviction typically results in a permanent “non-standard” insurance rating. Annual premiums can exceed $7,000, assuming you can find a carrier willing to write the policy.
• Professional Licensing: In Florida, a felony conviction for an “offense involving moral turpitude” (which fleeing often is) can lead to the revocation of nursing, teaching, or real estate licenses.