If you have been charged with leaving the scene of a motor vehicle accident in which you were a driver, you may be wondering about the severity of your situation and the potential consequences of a conviction. One of the most common questions we hear from clients charged with this particular crime is: “Is a hit and run a felony?” The answer varies by state, but in Tennessee, as well as in both North Carolina and South Carolina, it also depends on certain other factors, codified in each state’s laws. To seek professional legal support for evaluating the prosecution’s case against you and preparing a strategy for defense, connect with a member of the King Law Offices team. Call 888-748-5464 to schedule a consultation with a criminal defense attorney in your area today.
Is a Hit and Run a Felony in Tennessee?
In Tennessee, all drivers are obligated under Tenn. Code Ann § 55-10-103 to stop at or as close as possible to the scene of an accident involving an occupied vehicle, and if they have been obligated to pass the scene, they are obligated to immediately return. The obligations are applied separately depending on the context of the accident; TN § 55-10-101 covers incidents in which a person is killed or injured in a motor vehicle collision, while TN § 55-10-102 addresses scenarios involving property damage only.
Tennessee Hit-and-Run Accidents
TN § 55-10-104 applies similar rules, with an adjustment to allow for leaving a note “in a conspicuous place,” in case of striking an unattended vehicle. Similar to the obligations outlined in TN § 55-10-101(a) and applied in TN § 55-10-102, the 55-10-104 rules apply not just on state highways, but on municipal thoroughfares and even in parking lots – essentially, on any paved or graveled surface that is open to the public.
Is Leaving the Scene of an Accident a Felony in Tennessee?
The severity of the charges involved if a driver is found to have committed a violation of TN § 55-10-103 are determined primarily by the type and extent of damage caused by the accident. Failures to stop in case of personal injury or death of anyone involved in the collision under TN § 55-10-101(a) are Class A Misdemeanors. TN § 55-10-101(b) increases the severity of the charge for a violation of TN § 55-10-101(a) to a Class E Felony when the driver who leaves the scene of the accident “knew or reasonably should have known” that the accident had resulted in a death. Violations of TN § 55-10-102, which covers accidents involving property (vehicle) damage only, may be charged as a Class B misdemeanor for damages up to $1,500 or a Class A misdemeanor for damages over $1,500. A conviction for the more severe charge may also result in the revocation of the individual’s driving license.
Is a Hit and Run a Felony in North Carolina?
North Carolina General Statutes § 20-166 requires drivers to immediately stop at the scene of a crash. The statutory requirement to stop applies in each of the following situations:
- Severe injury or death: As provided by N.C.G.S. § 20-166(a)(1), when the driver “knows or reasonably should know” that the vehicle he or she is operating has been involved in a crash, and that the crash has resulted in “serious bodily injury” or death, under 20-166(a)(2), with the criteria for “seriously bodily injury” defined separately under N.C.G.S. § 14-32.4
- Injury: Under N.C.G.S. § 20-166(a1)(1), when the driver knows or reasonably should know that the vehicle they are operating has been involved in a crash resulting in injury, N.C.G.S. § 20-166(a1)(2)
- Property damage only: As specified in N.C.G.S. § 20-166(c), when the driver knows or reasonably should know that the vehicle they have been operating is involved in a crash, and also either knows that the crash has only resulted in property damage under N.C.G.S. § 20-166(c)(1), or under N.C.G.S. § 20-166(c)(2) does not know or have reason to know that the crash has resulted in death or injury
Not all states are quite so explicit in specifying the driver’s awareness of harm caused by a collision. In practical terms, however, you may wish to consider that most people generally do recognize car accidents to be a common source of injuries, and you may not want to rely on the possibility of convincing a court that you could not reasonably have known anyone was hurt in the crash.
What Evidence Is Needed to Convict a Hit and Run in NC?
The separation of knowledge and the material to be known into separate paragraphs (”knows or reasonably should know,” on the one hand, vs. “serious bodily injury,” etc., on the other hand) can sometimes feel cumbersome to individuals who are not used to navigating the North Carolina General Statutes on a regular basis. For anyone charged with leaving the scene of an accident in North Carolina, however, that separation may prove important to legal defense; it sets up conditions under which the prosecution will need to prove two separate points:
- What the condition of the other individual (or the condition of each of the other individuals) involved in the crash was
- That the driver knew or reasonably should have been aware of that condition at the time they left the scene of the accident
A criminal defense lawyer with King Law Offices may be able to explain how this structure could affect your case if you are wondering, “Is a hit and run a felony?”
What Happens if You Leave the Scene of an Accident in North Carolina?
Importantly, the requirements to provide other parties involved in an accident with personal contact information and to call for assistance if needed are contained in N.C.G.S. § 20-166(b) – not in subsection (a) with the requirements to stop at the scene of accidents at varying degrees of severity. Any alleged violation of this requirement will therefore be charged separately from the failure to stop at the scene of an accident. This means that a hit-and-run accident in North Carolina can easily result in multiple charges related to a single event.
North Carolina’s Codification of Laws and Criminal Charges
The way violations of the various subsections of GS § 20-166 are explained and penalized varies, as in Tennessee, by the severity of the harm caused by the accident. Unlike Tennessee, however, North Carolina distinguishes between violations and willful violations at certain key points.
North Carolina also categorizes their felonies differently, with the North Carolina Sentencing and Policy Advisory Commission listing felony classes A-I (Class B felonies are divided into Class B1 and Class B2, resulting in a total of 10 categories of felony in the state’s criminal justice system). A “willful” violation of N.C.G.S. § 20-166 is classed as a Class F felony, while a willful violation of § 20-166(a1) is punishable as a Class H felony. A willful violation of N.C.G.S. § 20-166(c) is considered a Class 1 misdemeanor.
Is a Hit and Run a Felony in South Carolina?
S.C. Code § 56-5-1210(a) mandates that any driver involved in an accident that results in any person’s injury or death must immediately stop his or her vehicle, at or as close as possible to the scene of the collision. Except as necessary to report the accident, the driver is obligated to remain at that location until all of his or her duties under S.C. § 56-5-1230, which covers requirements for providing (in many cases exchanging) personal contact and vehicle registration information and for rendering aid to anyone injured in the crash (as needed) have been fulfilled. S.C. § 56-5-1210(A)(1) specifies that a violation of 56-5-1210(A) will be charged as a misdemeanor whenever injury, but not “great bodily injury” or death, results from the accident.
Is Leaving the Scene of an Accident a Felony in South Carolina?
Like both North Carolina and the State of Tennessee, South Carolina adjusts the severity of changes and penalties according to the harms that result from a hit-and-run accident. A violation of § 56-5-1210(A) is charged as a felony under S.C. § 56-5-1210(A)(2) when the accident results in “great bodily harm,” as defined in S.C. § 56-5-1210(C), and remains a felony but garners a much more severe penalty under S.C. § 56-5-1210(A)(3) if the accident results in death.
What Is the Minimum Sentence for a Hit-and-Run in South Carolina?
A conviction for the misdemeanor crime of leaving the scene of an accident resulting in injury, but not great bodily injury, S.C. § 56-5-1210(A)(1) requires a minimum period of one month confinement and imposes a minimum fine of $100. The mandatory prison sentence for the felony of leaving the scene of an accident resulting in great bodily injury specified by S.C. § 56-5-1210(A)(2) shares the same range (minimum of 30 days, up to a one-year maximum) as the lesser misdemeanor charge, but a conviction for 56-5-1210(A)(2) carries a heavier fine, with a mandatory minimum of $5,000 and a cap at twice that amount. These fines may be imposed in addition to any damages awarded to the injured party by a civil court, so the costs can quickly become substantial.
Conviction on a charge of leaving the scene of an accident resulting in death, S.C. § 56-5-1210(A)(3) sets the minimum period of confinement at one year (meeting the maximum prison sentence for either of the other possible charges); up to 25 years of imprisonment are allowed. The mandatory fine amounts are also higher; any conviction under sub-paragraph (3) automatically imposes a fine of at least $10,000, and courts have it in their discretion to raise the amount up to $25,000 – essentially, $1,000 for each year of the maximum prison sentence.
Speak With a Criminal Defense Attorney if You Have Been Charged With Leaving the Scene of an Accident
In many states, the answer to “Is a hit and run a felony?” will depend on the severity of a motor vehicle collision’s outcomes. In cases involving only property damage or minor physical injuries, leaving the scene of an accident may be charged as a misdemeanor. When someone is severely injured – or dies – as a result of the crash, then the charges for a hit-and-run may be more severe. Options for legal defense will obviously depend not just on the charges themselves, but on the circumstances of the case. To address the specifics of your situation with an experienced criminal defense attorney, call King Law Offices today. We have offices conveniently located in North Carolina, South Carolina, and Tennessee, so call 888-748-5464 to schedule a consultation.
