Is a Hit and Run a Felony in Fort Lauderdale, Florida?

If you’re asking "is a hit and run a felony in Florida," the answer depends entirely on what happened after the impact. In Fort Lauderdale, leaving the scene of an accident can range from a minor misdemeanor to a first-degree felony that carries a mandatory prison term when a fatality is involved. Whether you panicked in the moment or were unaware of the legal requirements to stop, the decisions you make early in the process can influence your case and your options moving forward.

In this blog, Fort Lauderdale criminal defense lawyer explains how Florida classifies hit and run offenses and the penalties tied to each category. If you’re dealing with a hit and run charge, call (954) 522-9997 to schedule a free consultation.

When Does a Hit and Run Become a Felony in Fort Lauderdale?

Florida law requires a driver to stop, provide information, and render aid after a crash. Leaving the scene becomes a felony only when the crash involves physical harm.

A hit and run is a felony in Florida when:

• The accident caused injury
• The accident caused serious bodily injury
• The accident led to a fatality

Property damage alone leads to a misdemeanor.

Second Degree Misdemeanor: Property Damage Only

If you leave the accident scene after causing property damage but no injuries, Florida treats the offense as a second degree misdemeanor.

Penalties may include:

• Fines up to $500
• Up to 60 days in jail
• A criminal record that can affect employment or licensing opportunities
• Driver’s license complications
• Civil claims from the other driver or property owner

Even though this isn’t a felony offense, it still creates risk for harsher penalties if you have prior criminal offenses such as petit theft, drug offenses, violent crimes, white collar crimes, or domestic violence convictions.

Third Degree Felony: Leaving the Scene With Injury

A hit and run accident becomes a third degree felony when the other driver or a pedestrian suffers bodily injury. Under Fla. Stat. § 316.027, leaving the scene involving injury can lead to a possible prison sentence of up to five years, up to five years of probation, and a fine of up to $5,000.

Second Degree Felony: Leaving the Scene With Serious Bodily Injury

If the accident caused serious bodily injury, meaning the person faced a substantial risk of death, long-term impairment, or serious injury, the hit and run offense escalates to a second degree felony. A charge at this level carries a possible prison term of up to 15 years and a fine of up to $10,000.

The state focuses heavily on Florida hit and run cases involving serious injury, arguing that abandoning someone in need of medical attention creates serious consequences for public safety. Your hit and run attorney must address these factors early in your case.

First Degree Felony: Leaving the Scene Involving Death

A hit and run accident involving a fatality is charged as a first degree felony. Under Fla. Stat. § 316.027, the maximum penalty is up to 30 years in prison and a $10,000 fine. Under the Aaron Cohen Life Protection Act, this offense carries a "non-discretionary" mandatory minimum prison term of four years. This means that if convicted, the judge is legally prohibited from sentencing you to anything less than four years in state prison.

Fatal hit and run cases are often handled by senior prosecutors due to the seriousness of the charges and the investigative work involved. A conviction at this level carries the heaviest penalties among Florida hit and run offenses.

Why Drivers Leave the Scene

Many drivers leave the accident scene during moments of panic or confusion rather than intentional avoidance. Some report fear tied to immigration status, concerns about DUI manslaughter charges, worries about prior criminal offenses, or stress linked to drug crimes or domestic violence cases already pending.

Others feel pressure from financial strain, job loss, or concerns about losing a driver's license. Florida law doesn’t excuse leaving the scene, but these circumstances provide context for the split-second decisions people often describe.

What Prosecutors Must Prove in a Felony Hit and Run Case

To convict you, the state must prove beyond a reasonable doubt that:

• You were involved in a car accident
• You were the driver involved in the collision
• You knew or should have known that you were involved in a collision
• You failed to fulfill your "Duty to Give Information and Render Aid" (Fla. Stat. § 316.062)

If any link is weak, your criminal defense lawyer can challenge the narrative. The state must prove its case beyond a reasonable doubt, and gaps in the evidence can influence how the case moves forward. For example, eyewitness testimony may conflict, the accident scene may lack clear footage, or the other driver may have contributed to the collision.

How Felony Hit and Run Charges Affect Your Life

Felony charges extend far beyond the courtroom. A felony conviction may affect:

• Your ability to pass employment background checks
• Your immigration status
• Your access to financial aid
• Professional licensing (including law, medicine, nursing, or real estate)
• Housing options
• Insurance premiums or denial of coverage
• Rights tied to firearm possession

A felony hit and run conviction also requires a minimum three-year driver’s license revocation under Florida law. This applies to cases involving injury, serious bodily injury, or death.

In hit and run cases involving injury or death, investigators often review crash reports, EMS records, and driver history through the Florida Department of Highway Safety and Motor Vehicles. Those records help the State build its case and often lead to closer examination of the facts, particularly when DUI manslaughter or serious injury is involved.

You may also be facing civil claims from the other driver tied to personal injury or property damage. That’s why many people seek legal counsel from an attorney with a background in criminal defense.

Defending Hit and Run Charges in Fort Lauderdale

Once the state outlines the charge level and begins building its case, your hit and run defense attorney examines the facts from several angles. Your legal team may analyze whether you left the accident scene, whether you knew a collision occurred, and whether the other driver contributed to the impact. They also look at whether the reported injuries match the physical evidence, how the police handled key details in the investigation, and whether witness accounts support the state’s version of events.

Your attorney may also assess roadway design, lighting, weather, and other highway safety factors that could have influenced the crash. When the evidence doesn’t support the charge level or the state’s theory, your lawyer can challenge weaknesses in the case and pursue reduced penalties, alternative resolutions, or dismissal when appropriate.

Act Now if You’re Facing Hit and Run Charges

If you’re facing hit and run charges in Fort Lauderdale or anywhere across Broward County, Miami-Dade, or Palm Beach, timing matters. The state moves quickly, and the decisions you make early on can influence the rest of your life.

My name is David Williams, and I serve clients as a Fort Lauderdale criminal defense lawyer. For more than 25 years, I’ve stood in South Florida courtrooms beside clients dealing with high-stakes criminal charges and worked to protect their rights. Act now to discuss your hit and run case and understand what steps come next. Call (954) 522-9997 to schedule your free consultation or complete our confidential online form.

Knowledge | Experience | Integrity – R. David Williams

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The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Law Offices of R. David Williams, P.A.
15 Southwest 10th Street
Fort Lauderdale, FL 33315
(954) 522-9997
https://dwilliamslaw.com/