Miami Leaving The Scene Of A Crash Defense

Leaving the scene is a crime of impulse that triggers permanent consequences. In Florida, your duty to stop is absolute regardless of who caused the initial crash. As of 2026, Florida has further tightened sentencing guidelines, making it harder for judges to "withhold adjudication" on felony counts.

The Penalties For Leaving The Scene:

• Property Damage: If the crash results only in Property Damage, it is classified as a second-degree misdemeanor under Statute 316.061. A conviction can lead to up to 60 days in county jail, a $500 fine, and 6 points on your driving record. While this is the least severe tier, it still creates a permanent criminal record that will appear on background checks.
• Injury: When the crash involves Injury, the charge jumps to a third-degree felony. This carries a potential sentence of up to 5 years in Florida State Prison and a $5,000 fine. Crucially, a conviction for a hit-and-run involving injury triggers a mandatory driver's license revocation for at least 3 years.
• Serious Injury: If the incident results in Serious Bodily Injury, it is prosecuted as a second-degree felony. The stakes increase to a maximum of 15 years in prison and a $10,000 fine. Florida law defines “serious bodily injury” as any condition that creates a substantial risk of death, serious disfigurement, or the protracted loss of a bodily member or organ.
• Fatality: The most severe category involves a Fatality, which is a first-degree felony. Under the Aaron Cohen Life Protection Act, a conviction requires a mandatory minimum of 4 years in prison and can lead to up to 30 years. Your driver's license will be revoked for a minimum of 3 years, and in many cases, the revocation is permanent.