Hit-and-Run Criminal Charges in Florida: What Leaving the Scene Really Costs

In Florida, a “hit and run” is charged as leaving the scene of a crash, and how serious the charge is depends almost entirely on what the crash caused. If the crash involved only damage to a vehicle or property, leaving the scene is a second-degree misdemeanor — up to 60 days in jail. If anyone was injured, it becomes a felony. And if someone died, leaving the scene is a first-degree felony punishable by up to 30 years in prison, with a mandatory minimum of 4 years and a driver’s license revocation of at least 3 years.

One point surprises almost everyone: the charge has nothing to do with who caused the crash. A driver who did nothing wrong behind the wheel can still be prosecuted for leaving. This article explains:

• What Florida law actually requires a driver to do after a crash
• How the charges scale from misdemeanor to first-degree felony, side by side
• Why fault is irrelevant — and what the State does have to prove
• The consequences beyond jail: license revocation and restitution
• What to do if you left the scene, and what to do if a driver who hit you fled

What Florida law requires after a crash

Three statutes work together to define the duties every Florida driver has at a crash scene:

• Stop and stay. A driver involved in a crash must immediately stop at the scene, or as close to it as possible, and remain there until the duties below are fulfilled. That rule applies to property-damage crashes under section 316.061, Florida Statutes, and to injury and death crashes under section 316.027.
• Give information and render aid. Under section 316.062, the driver must give their name, address, and vehicle registration number — and show their driver’s license on request — to the other driver, any injured person, or a police officer. If someone is hurt, the driver must render “reasonable assistance,” which includes carrying the person, or arranging to carry them, to a doctor or hospital if treatment appears necessary or is requested. If no one is in a condition to receive the information and no officer is present, the driver must report the crash to the nearest police authority.
• Report the crash. Under section 316.065, a crash involving injury, death, or apparent property damage of at least $500 must be reported immediately, by the quickest means of communication, to local police, the sheriff’s office, or the Florida Highway Patrol.

Leaving before those duties are done is what turns a crash — even a minor one, even one that was not your fault — into a criminal case.

How hit-and-run charges scale in Florida

The single biggest factor in a leaving-the-scene case is the outcome of the crash. Here is how the charges compare:

What the crash caused	Charge	Maximum penalty	Mandatory minimum	Driver’s license
Damage to a vehicle or property only	Second-degree misdemeanor (§ 316.061)	60 days in jail, $500 fine	None	Court discretion
Injury to a person	Third-degree felony (§ 316.027(2)(a))	5 years in prison, $5,000 fine	None	Revoked at least 3 years
Serious bodily injury	Second-degree felony (§ 316.027(2)(b))	15 years in prison, $10,000 fine	None	Revoked at least 3 years
Death	First-degree felony (§ 316.027(2)(c))	30 years in prison, $10,000 fine	4 years in prison	Revoked at least 3 years

Maximums are set by section 775.082 and section 775.083; an actual sentence depends on the facts of the case, the defendant’s record, and Florida’s sentencing scoresheet. Two more provisions in section 316.027 can raise the stakes further:

• Vulnerable road users. If the person struck was a pedestrian, bicyclist, motorcyclist, or another “vulnerable road user,” the offense is ranked one level higher for sentencing purposes — meaning a longer recommended sentence on the scoresheet.
• Restitution is the rule, not the exception. In felony leaving-the-scene cases, the court must order the defendant to pay restitution to the victim unless it finds clear and compelling reasons not to.

The crime is leaving — not causing the crash

Florida’s leaving-the-scene statutes punish what a driver does after a collision, not the collision itself. Whether the other driver ran a red light, whether the pedestrian stepped out from between parked cars, whether the crash was unavoidable — none of that decides a hit-and-run charge. A driver who was entirely blameless in the crash commits a crime by leaving; a driver who caused the crash and stays, exchanges information, and renders aid has not committed this one.

What the State does have to prove is that the driver knew — or reasonably should have known — that they were involved in a crash, and in injury and death cases, that the failure to stop was willful. That knowledge element is where many of these cases are actually fought. Crashes happen at night, at highway speed, in rain, with road debris and blown tires in the mix. A driver who genuinely did not know their vehicle struck a person or another car is not guilty of leaving the scene, and the State cannot simply assume awareness from the fact of contact.

That is also why these cases deserve careful defense work early. Hit-and-run investigations are often built on partial tag numbers, grainy video, paint transfer, and witness memory — evidence with real weaknesses that a criminal defense attorney can test before charging decisions are final.

The license revocation runs on its own track

A felony leaving-the-scene conviction carries a mandatory driver’s license revocation of at least 3 years under section 316.027(2)(e). Reinstatement is not automatic: the statute conditions it on completing a victim’s impact panel or a department-approved driver improvement course covering the rights of vulnerable road users.

For most working people in Broward County, losing the ability to drive for years is as life-altering as the criminal penalty itself — it reaches employment, child care, and everything in between. How and when limited driving privileges can be restored depends on the specific revocation, which is one more reason to involve a traffic offense attorney before resolving the criminal case, not after.

What to do if you left the scene

People leave crash scenes for very human reasons — panic, shock, fear about a license status or an old warrant, confusion about whether anything was actually hit. If that has happened, the situation is serious but rarely hopeless. A few things matter immediately:

• Talk to a defense lawyer before you talk to anyone else. Well-meaning statements to police, insurers, or the other driver frequently become the State’s best evidence on the knowledge element. An attorney can communicate on your behalf and, in some cases, shape whether and what the State charges.
• Do not wait for the knock on the door. If investigators have a tag number or video, contact is coming. Getting counsel involved early means the first conversation happens on advice, not by surprise.
• Preserve what you have. Photos, dashcam footage, phone records, and the vehicle itself in its post-crash condition can all support a defense — particularly on what you knew or could have known at the time.

Every hour matters more at the felony level, where charging decisions, warrants, and media attention move quickly.

If the driver who hit you fled

Hit-and-run has two sides, and MK Law sees both. If you were struck by a driver who left the scene, report the crash immediately, get medical attention, and preserve anything that identifies the vehicle. Two things are worth knowing:

• The criminal case is the State’s, not yours. Whether the fleeing driver is prosecuted is decided by the State Attorney’s office — the victim’s wishes are considered but not controlling, as we explain in Can a Victim Drop Criminal Charges in Florida?
• Your financial recovery is a separate, civil matter. An injury claim can proceed regardless of what happens in the criminal case — against the driver if identified, or potentially through your own uninsured motorist coverage if not. A personal injury attorney can evaluate both paths; the restitution a criminal court orders is rarely the full measure of what an injury claim is worth.

Frequently asked questions

Is a hit and run a felony in Florida?

Only when someone was hurt. Leaving the scene of a crash involving only vehicle or property damage is a second-degree misdemeanor. If the crash involved any injury, it is a felony — third degree for injury, second degree for serious bodily injury, and first degree if anyone died, with a 4-year mandatory minimum prison sentence in death cases.

What if I didn’t realize I hit anything?

Knowledge is an element of the offense. The State must prove the driver knew or should have known they were involved in a crash — a genuine lack of awareness is a defense, not an excuse. But do not assume prosecutors will take your word for it: they will look at damage patterns, speed, lighting, and post-crash conduct. This defense is best presented through counsel, not through an unadvised statement to investigators.

Can I be charged with hit and run if the accident wasn’t my fault?

Yes. The charge punishes leaving, not causing. A driver with no fault whatsoever in the collision still has the full set of duties to stop, share information, and render aid — and can be prosecuted for leaving without doing so. Fault in the crash may matter for civil liability and insurance, but it is not a defense to leaving the scene.

How long does the State have to file hit-and-run charges?

Under section 775.15, Florida Statutes, prosecution generally must begin within 1 year for a second-degree misdemeanor, 3 years for a second- or third-degree felony, and 4 years for a first-degree felony — but a felony that resulted in a death may be prosecuted at any time. Deadlines can be affected by circumstances such as the defendant’s absence from the state, so treat these as general rules rather than a guarantee in any particular case.

Will a hit-and-run charge stay on my record if the case is dropped?

The arrest record does not disappear on its own even if charges are dropped or dismissed. Florida law provides sealing and expungement remedies for qualifying cases — we cover how that works in If Your Charges Are Dismissed, Do You Still Have a Criminal Record in Florida?

Should I turn myself in?

Not before speaking with a lawyer. Florida law imposes reporting duties after a crash, and coming forward can sometimes meaningfully affect how a case is charged — but how, when, and through whom that contact happens can change the outcome. This is precisely the decision an experienced defense attorney should help you make, ideally within hours rather than days.

Speak with a Fort Lauderdale hit-and-run defense attorney

Leaving-the-scene cases move fast, turn on evidence that degrades quickly, and carry consequences — prison exposure, a multi-year license revocation, restitution — far out of proportion to how briefly the decision to drive away was made. Whether you are under investigation, have already been charged, or were injured by a driver who fled, MK Law’s criminal defense and personal injury attorneys handle both sides of these cases in Broward County courts.

Call MK Law at 954.865.6032 — available 24/7 — to discuss your case with a trial attorney.

This article provides general information and is not legal advice. Legal outcomes depend on the specific facts, applicable law, and current procedures. Reading this article or contacting MK Law does not by itself create an attorney-client relationship.