The charge of Hit and Run in New Orleans, Louisiana can either be a misdemeanor or a felony, depending on the facts alleged by the prosecutor. Hit and Run is when the driver of a vehicle is involved in an accident, whether he/she caused the accident or not, and the driver leaves the scene without giving his/her information and rendering reasonable aid. Our New Orleans hit and run lawyers have defended these charges for many years. We know the defenses to hit and run in Louisiana and how to assert them.
Misdemeanor Hit and Run Driving in New Orleans, Louisiana
Hit and Run in New Orleans, Louisiana is usually charged as a misdemeanor with a sentence that carries 0-6 months in jail and a fine of up to $500. However, if the prosecutor can prove that the driver consumed drugs or alcohol before the accident, the consumption of the drugs and/or alcohol had a significant contribution to the accident, and the driver knew that by leaving the scene he would avoid getting in trouble, the defendant could be looking at a mandatory 10 days in jail.
Felony Hit and Run Driving in New Orleans, Louisiana
Felony Hit and Run can be charged when facts support that death or serious bodily injury has occurred due to the accident and the driver knew or should have known about such injury. This charge carries a fine of up to $5000 and imprisonment of up to 10 years. This is a very serious charge especially since there may exist a victim’s family that is pursuing the charge.
Hit and Run Lawyer in New Orleans
When you hit someone, what comes to mind? Do you stop to see the damage that occurred or do you speed off? Do you stop to take the person to the hospital or do you attempt to race off? You should ask yourself this. If you run away, you may end up with a Hit and Run charge facing you. If you do, there is the need to get a hit and run lawyer in New Orleans to handle your case. The hit and run lawyer in Orleans will try and see if it was an act of misdemeanor or felony. When arrested for such a crime, it is advisable that you don’t say anything to prevent incriminating yourself. What you need is a hit and run lawyer in New Orleans from a reputable firm like Barkemeyer to handle the case.
What is Hit and Run Driving?
According to the Louisiana law, hit and run driving is the act of being involved in an accident, and refusing to stop to offer assistance or identify themselves.
When this is carried out, it can either be seen as a felony or a misdemeanor.
It is a felony when the facts show that serious injury or death occurred. If no serious injury or death occurred, it can be seen as an act of misdemeanor.
Is Hit and Run a Misdemeanor?
When it is noticed that no serious injury or death occurred from the accident, then it is a case of a misdemeanor. The penalty is usually a fine of at most five hundred dollars. You may be sentenced to prison for at most six months. Sometimes, the penalties are both. This is if it is a first-time offense.
If you are imprisoned, it could range from ten days to six months. If you are fined, it is not expected to be more than five hundred dollars.
Before it can be said to be a misdemeanor, it must meet the following conditions:
There should be proof that the driver had taken in drugs or alcohol or some sort of illicit substance before the accident happened.
It should be shown that taking the drugs, alcohol or that illicit substance led to the accident occurring.
It should be shown that the driver refused to stop to help or give his identity, and he was knowledgeable that such an accident occurred.
Immediately you face such a misdemeanor, it is advisable to get a hit and run lawyer in New Orleans like Barkemeyer Law Firm to handle your affairs.
When is Hit and Run a Felony?
A hit and run can be said to be an act of felony when serious injury or death occurred as a result of that accident. The death or injury must have occurred because of that accident directly, and nothing else. It must be proven that the fact that the arrestee didn’t stop to assist or identify himself led to death or serious injury.
It would be a felony when the accident occurred, the driver refused to stop, knowing fully well that the person he had hit was dead or seriously injured.
This comes with a fine of at most five thousand dollars. The person may be sentenced to at most ten years in prison, with either hard labor or none. Sometimes, it may be both fine and a prison sentence.
This crime is a probatable one. In this case, the sentence of the offender is suspended. What happens instead is that the person is placed on probation for a period of time. If the person breaks any term of his or her probation, he or she is arrested.
Under this provision, it can also be an enhanced felony hit-and-run crime. If it is, the person most depend on the time of at least five years to at most twenty years behind bars. This is different from the normal activities of hit and runs and is a felony that is a probatable offense. This is not one. You can’t have the record expunged in this case.
The following have to have occurred before it can be said to be an enhanced hit and run felony offense.
The injury or death was as a result of that accident that occurred. If it was seen that what occurred was as a result of the accident that happened, it may be an enhanced felony. If the death or injury was caused by something and not directly the accident, then it isn’t an enhanced felony.
The driver had an idea that the vehicle he was using got into a crash or it was the reason for the accident. If he didn’t know that he was in an accident, then it can be an enhanced felony.
The vehicle operator must have been convicted before for any of the crime below:
Vehicular homicide
The driver must have been arrested and convicted of vehicular homicide in the past for this to stick. If you committed this crime and ticked the boxes listed above, there is a great chance that you will have enhanced felony to deal with.
Vehicular negligent injuring
If you have been arrested for vehicular negligent injuring in the past, you may have an enhanced felony to deal with. If you tick this box, you need a hit and run lawyer in New Orleans from a reputable law firm like Barkemeyer Law Firm to represent you.
Drunk Driving
If you have been arrested in the past for driving under the influence of drugs, alcohol or an illicit substance, you may have an enhanced felony to deal with. If this occurred at least two times in the past ten years, then you have an enhanced felony to deal with. If you were once arrested for using a vehicle that has been banned by either state or federal law, you have a lot to deal with.
First degree vehicular negligent injuring
If you have been arrested and convicted for this crime in the past, and you currently have a hit and run charge over you, you may be facing an enhanced felony. Don’t try and say incriminating things. What you should do is contact Barkemeyer Law Firm immediately.
422 S. Broad Avenue
New Orleans, LA 70119
504-226-2299
Louisiana DWI & Criminal Lawyers
Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.
Louisiana DWI And Criminal Law Firm
