Is hit and run with leaving the scene of an accident a felony or misdemeanor?
Full Question:
Is hit and run leaving the scene of an accident with no personal injuries. It was a first offense, so is this a felony or misdemeanor and what is likely penalty?
11/07/2007 |
Category: Criminal |
State: Florida |
#11821
Answer:
The following are Florida statutes:
316.061 Crashes involving damage to vehicle or property. —
(1) The driver of any vehicle involved in a crash resulting only in
damage to a vehicle or other property which is driven or attended by any
person shall immediately stop such vehicle at the scene of such crash or as
close thereto as possible, and shall forthwith return to, and in every
event shall remain at, the scene of the crash until he or she has fulfilled
the requirements of s. 316.062. A person who violates this subsection
commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083. Notwithstanding any other provision of this section,
$5 shall be added to a fine imposed pursuant to this section, which $5
shall be deposited in the Emergency Medical Services Trust Fund.
(2) Every stop must be made without obstructing traffic more than is
necessary, and, if a damaged vehicle is obstructing traffic, the driver of
such vehicle must make every reasonable effort to move the vehicle or have
it moved so as not to block the regular flow of traffic. Any person failing
to comply with this subsection shall be cited for a nonmoving violation,
punishable as provided in chapter 318.
(3) Employees or authorized agents of the Department of Transportation,
law enforcement with proper jurisdiction, or an expressway authority
created pursuant to chapter 348, in the exercise, management, control, and
maintenance of its highway system, may undertake the removal from the main
traveled way of roads on its highway system of all vehicles incapacitated
as a result of a motor vehicle crash and of debris caused thereby. Such
removal is applicable when such a motor vehicle crash results only in
damage to a vehicle or other property, and when such removal can be
accomplished safely and will result in the improved safety or convenience
of travel upon the road. The driver or any other person who has removed a
motor vehicle from the main traveled way of the road as provided in this
section shall not be considered liable or at fault regarding the cause of
the accident solely by reason of moving the vehicle.
316.062 Duty to give information and render aid. —
(1) The driver of any vehicle involved in a crash resulting in injury to
or death of any person or damage to any vehicle or other property which is
driven or attended by any person shall give his or her name, address, and
the registration number of the vehicle he or she is driving, and shall upon
request and if available exhibit his or her license or permit to drive, to
any person injured in such crash or to the driver or occupant of or person
attending any vehicle or other property damaged in the crash and shall give
such information and, upon request, exhibit such license or permit to any
police officer at the scene of the crash or who is investigating the crash
and shall render to any person injured in the crash reasonable assistance,
including the carrying, or the making of arrangements for the carrying, of
such person to a physician, surgeon, or hospital for medical or surgical
treatment if it is apparent that treatment is necessary, or if such
carrying is requested by the injured person.
(2) In the event none of the persons specified are in condition to
receive the information to which they otherwise would be entitled under
subsection (1), and no police officer is present, the driver of any vehicle
involved in such crash, after fulfilling all other requirements of s.
316.027 and subsection (1), insofar as possible on his or her part to be
performed, shall forthwith report the crash to the nearest office of a duly
authorized police authority and submit thereto the information specified in
subsection (1).
(3) The statutory duty of a person to make a report or give information
to a law enforcement officer making a written report relating to a crash
shall not be construed as extending to information which would violate the
privilege of such person against self-incrimination.
(4) A violation of this section is a noncriminal traffic infraction,
punishable as a nonmoving violation as provided in chapter 318.
775.082 Penalties; applicability of sentencing structures; mandatory
minimum sentences for certain reoffenders previously released from prison.
—
(1) A person who has been convicted of a capital felony shall be punished
by death if the proceeding held to determine sentence according to the
procedure set forth in s. 921.141 results in findings by the court that
such person shall be punished by death, otherwise such person shall be
punished by life imprisonment and shall be ineligible for parole.
(2) In the event the death penalty in a capital felony is held to be
unconstitutional by the Florida Supreme Court or the United States Supreme
Court, the court having jurisdiction over a person previously sentenced to
death for a capital felony shall cause such person to be brought before the
court, and the court shall sentence such person to life imprisonment as
provided in subsection (1). No sentence of death shall be reduced as a
result of a determination that a method of execution is held to be
unconstitutional under the State Constitution or the Constitution of the
United States.
(3) A person who has been convicted of any other designated felony may be
punished as follows:
(a)1. For a life felony committed prior to October 1, 1983, by a term of
imprisonment for life or for a term of years not less than 30.
2. For a life felony committed on or after October 1, 1983, by a term of
imprisonment for life or by a term of imprisonment not exceeding 40 years.
3. Except as provided in subparagraph 4., for a life felony committed
on or after July 1, 1995, by a term of imprisonment for life or by
imprisonment for a term of years not exceeding life imprisonment.
4. For a life felony committed on or after September 1, 2005, which is a
violation of s. 800.04(5)(b), by:
a. A term of imprisonment for life; or
b. A split sentence that is a term of not less than 25 years'
imprisonment and not exceeding life imprisonment, followed by probation
or community control for the remainder of the person's natural life, as
provided in s. 948.012(4).
(b) For a felony of the first degree, by a term of imprisonment not
exceeding 30 years or, when specifically provided by statute, by
imprisonment for a term of years not exceeding life imprisonment.
(c) For a felony of the second degree, by a term of imprisonment not
exceeding 15 years.
(d) For a felony of the third degree, by a term of imprisonment not
exceeding 5 years.
(4) A person who has been convicted of a designated misdemeanor may be
sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite term of
imprisonment not exceeding 1 year;
(b) For a misdemeanor of the second degree, by a definite term of
imprisonment not exceeding 60 days.
(5) Any person who has been convicted of a noncriminal violation may not
be sentenced to a term of imprisonment nor to any other punishment more
severe than a fine, forfeiture, or other civil penalty, except as provided
in chapter 316 or by ordinance of any city or county.
(6) Nothing in this section shall be construed to alter the operation of
any statute of this state authorizing a trial court, in its discretion, to
impose a sentence of imprisonment for an indeterminate period within
minimum and maximum limits as provided by law, except as provided in
subsection (1).
(7) This section does not deprive the court of any authority conferred by
law to decree a forfeiture of property, suspend or cancel a license, remove
a person from office, or impose any other civil penalty. Such a judgment or
order may be included in the sentence.
(8)(a) The sentencing guidelines that were effective October 1, 1983, and
any revisions thereto, apply to all felonies, except capital felonies,
committed on or after October 1, 1983, and before January 1, 1994, and to
all felonies, except capital felonies and life felonies, committed before
October 1, 1983, when the defendant affirmatively selects to be sentenced
pursuant to such provisions.
(b) The 1994 sentencing guidelines, that were effective January 1, 1994,
and any revisions thereto, apply to all felonies, except capital felonies,
committed on or after January 1, 1994, and before October 1, 1995.
(c) The 1995 sentencing guidelines that were effective October 1, 1995,
and any revisions thereto, apply to all felonies, except capital felonies,
committed on or after October 1, 1995, and before October 1, 1998.
(d) The Criminal Punishment Code applies to all felonies, except capital
felonies, committed on or after October 1, 1998. Any revision to the
Criminal Punishment Code applies to sentencing for all felonies, except
capital felonies, committed on or after the effective date of the revision.
(e) Felonies, except capital felonies, with continuing dates of
enterprise shall be sentenced under the sentencing guidelines or the
Criminal Punishment Code in effect on the beginning date of the criminal
activity.
(9)(a)1. "Prison releasee reoffender" means any defendant who commits, or
attempts to commit:
a. Treason;
b. Murder;
c. Manslaughter;
d. Sexual battery;
e. Carjacking;
f. Home-invasion robbery;
g. Robbery;
h. Arson;
i. Kidnapping;
j. Aggravated assault with a deadly weapon;
k. Aggravated battery;
l. Aggravated stalking;
m. Aircraft piracy;
n. Unlawful throwing, placing, or discharging of a destructive device or
bomb;
o. Any felony that involves the use or threat of physical force or
violence against an individual;
p. Armed burglary;
q. Burglary of a dwelling or burglary of an occupied structure; or
r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s.
827.071;
within 3 years after being released from a state correctional facility
operated by the Department of Corrections or a private vendor or within 3
years after being released from a correctional institution of another
state, the District of Columbia, the United States, any possession or
territory of the United States, or any foreign jurisdiction, following
incarceration for an offense for which the sentence is punishable by more
than 1 year in this state.
2. "Prison releasee reoffender" also means any defendant who commits or
attempts to commit any offense listed in sub-subparagraphs (a)1.a.-r. while
the defendant was serving a prison sentence or on escape status from a
state correctional facility operated by the Department of Corrections or a
private vendor or while the defendant was on escape status from a
correctional institution of another state, the District of Columbia, the
United States, any possession or territory of the United States, or any
foreign jurisdiction, following incarceration for an offense for which the
sentence is punishable by more than 1 year in this state.
3. If the state attorney determines that a defendant is a prison releasee
reoffender as defined in subparagraph 1., the state attorney may seek to
have the court sentence the defendant as a prison releasee reoffender. Upon
proof from the state attorney that establishes by a preponderance of the
evidence that a defendant is a prison releasee reoffender as defined in
this section, such defendant is not eligible for sentencing under the
sentencing guidelines and must be sentenced as follows:
a. For a felony punishable by life, by a term of imprisonment for life;
b. For a felony of the first degree, by a term of imprisonment of 30
years;
c. For a felony of the second degree, by a term of imprisonment of 15
years; and
d. For a felony of the third degree, by a term of imprisonment of 5
years.
(b) A person sentenced under paragraph (a) shall be released only by
expiration of sentence and shall not be eligible for parole, control
release, or any form of early release. Any person sentenced under paragraph
(a) must serve 100 percent of the court-imposed sentence.
(c) Nothing in this subsection shall prevent a court from imposing a
greater sentence of incarceration as authorized by law, pursuant to s.
775.084 or any other provision of law.
(d)1. It is the intent of the Legislature that offenders previously
released from prison who meet the criteria in paragraph (a) be punished to
the fullest extent of the law and as provided in this subsection, unless
the state attorney determines that extenuating circumstances exist which
preclude the just prosecution of the offender, including whether the victim
recommends that the offender not be sentenced as provided in this
subsection.
2. For every case in which the offender meets the criteria in paragraph
(a) and does not receive the mandatory minimum prison sentence, the state
attorney must explain the sentencing deviation in writing and place such
explanation in the case file maintained by the state attorney. On an annual
basis, each state attorney shall submit copies of deviation memoranda
regarding offenses committed on or after the effective date of this
subsection, to the president of the Florida Prosecuting Attorneys
Association, Inc. The association must maintain such information, and make
such information available to the public upon request, for at least a
10-year period.
(10) The purpose of this section is to provide uniform punishment for
those crimes made punishable under this section and, to this end, a
reference to this section constitutes a general reference under the
doctrine of incorporation by reference.
775.083 Fines. —
(1) A person who has been convicted of an offense other than a capital
felony may be sentenced to pay a fine in addition to any punishment
described in s. 775.082; when specifically authorized by statute, he or she
may be sentenced to pay a fine in lieu of any punishment described in s.
775.082. A person who has been convicted of a noncriminal violation may be
sentenced to pay a fine. Fines for designated crimes and for noncriminal
violations shall not exceed:
(a) $15,000, when the conviction is of a life felony.
(b) $10,000, when the conviction is of a felony of the first or second
degree.
(c) $5,000, when the conviction is of a felony of the third degree.
(d) $1,000, when the conviction is of a misdemeanor of the first degree.
(e) $500, when the conviction is of a misdemeanor of the second degree or
a noncriminal violation.
(f) Any higher amount equal to double the pecuniary gain derived from the
offense by the offender or double the pecuniary loss suffered by the
victim.
(g) Any higher amount specifically authorized by statute.
Fines imposed in this subsection shall be deposited by the clerk of the
court in the fine and forfeiture fund established pursuant to s. 142.01.
If a defendant is unable to pay a fine, the court may defer payment of
the fine to a date certain.
(2) In addition to the fines set forth in subsection (1), court costs
shall be assessed and collected in each instance a defendant pleads nolo
contendere to, or is convicted of, or adjudicated delinquent for, a felony,
a misdemeanor, or a criminal traffic offense under state law, or a
violation of any municipal or county ordinance if the violation constitutes
a misdemeanor under state law. The court costs imposed by this section
shall be $50 for a felony and $20 for any other offense and shall be
deposited by the clerk of the court into an appropriate county account for
disbursement for the purposes provided in this subsection. A county shall
account for the funds separately from other county funds as crime
prevention funds. The county, in consultation with the sheriff, must expend
such funds for crime prevention programs in the county, including safe
neighborhood programs under ss. 163.501-163.523.
(3) The purpose of this section is to provide uniform penalty
authorization for criminal offenses and, to this end, a reference to this
section constitutes a general reference under the doctrine of
incorporation by reference.