Hit and Run crimes are charged as Leaving the Scene of an Accident in Arizona under A.R.S. §§ 28-661 through 28-665. Hit and Run is committed when a driver is involved in a car accident and leaves the accident scene instead of staying to exchange information with the other person. A driver can be convicted of Hit and Run even when the accident was not the driver’s fault.
Hit and Run can be a felony or a misdemeanor. And Hit and Run can range from a Class 5 Felony to a Class 2 Felony, or from a Class 3 Misdemeanor to a Class 2 Misdemeanor. The classification and seriousness of the charge depends on different facts. For example:
Vehicular Assault is charged as Aggravated Assault under Arizona law A.R.S. § 13-1204. It is normally charged as a Class 3 Dangerous Felony. After trial, the penalty for Vehicular Assault is from 5 to 15 years in prison (for a first-time offense).
A person commits Vehicular Assault when, using a car, a person intentionally, knowingly, or reckless causes injury to another person. Vehicular Assault is most commonly charged when a person drives under the influence of alcohol or drugs and causes an accident that injures another person. It can also be committed when a person intentionally hits or scares another person with their car.
What the prosecution must prove, penalties, and defenses are both general rules and case specific.
Vehicular Homicide is charged when a person causes a car accident that kills someone else. The felony class and punishment depend on the type of Vehicular Homicide. Charges range from a Class 4 Felony to a Class 1 Felony. After trial, penalties range from 4 years in prison to life imprisonment.
A person may be charged with any of the homicide classifications under Arizona law:
Vehicular Endangerment is defined in Arizona law A.R.S. § 13-1201. It is charged when a person recklessly endangers another person with a substantial risk of imminent death or physical injury and a car was involved. The classification of this crime depends on the foreseen risk that was established by the behavior, if the possible risk is:
Felony Flight is charged as Unlawful Flight from Pursuing Law Enforcement Vehicle in Arizona under A.R.S. § 28-622.01. It is a Class 5 Felony, punishable by either probation or 0.5 to 2.5 years in prison (for a first-time offense).
Felony Flight is committed when a marked police car tries to pull over a driver. Instead of pulling over, the driver willfully runs from or tries to run from the marked police car. The police car has to have at least one of its emergency lights on and use its siren as reasonably necessary.
What the prosecution must prove, penalties, and defenses are both general rules and case specific.
Being convicted of a vehicular crime can seriously impact you and your loved ones. Most of the time, these crimes are not committed with any intention of hurting anyone. Too often, however, the prosecution has charged you with a crime for what really was a tragic accident.
You need an experienced vehicular crimes attorney that has the skills to handle the technical and forensic issues involved in vehicular crimes cases. The Vehicular Crimes Attorneys at Feldman & Royle have the experience and knowledge to help ensure the best outcome in your case. Call our offices now for a free consultation.
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