I’ve Just Been Charged with Felony Hit and Run in Virginia. What Happens Now?

You’re staring down a felony hit and run charge in Virginia. It’s scary. Overwhelming. Your mind is probably racing, asking, “What does this mean for my future?” You’re not alone in feeling this way. This isn’t just about a traffic ticket; it’s about potential jail time, hefty fines, and a criminal record that could follow you for years. But here’s the thing: you don’t have to face this alone. Law Offices Of SRIS, P.C. is here to help you navigate this crisis.

A felony hit and run charge in Virginia carries significant legal weight, impacting your freedom, your finances, and your reputation. The legal system can feel like a labyrinth, especially when you’re under immense stress. But our goal? It’s to cut through the noise, validate your anxieties, and arm you with the clarity and control you need. We’ll break down what’s happening, what’s next, and how we can work together to protect your future.

Understanding Virginia’s Hit and Run Laws: What You’re Up Against

Virginia Code § 46.2-894 mandates that anyone involved in an accident resulting in injury, death, or damage to attended property must immediately stop at the scene, render reasonable assistance, and exchange information. The law doesn’t care about your intentions; it focuses on your actions, or lack thereof, after an accident. If you leave the scene under these circumstances, you could be facing a hit and run charge. If the accident involves injury or death, or property damage exceeding $1,000 to an unattended vehicle or property, it escalates to a felony.

This law carries significant weight and is designed to ensure accountability on Virginia’s roads. It’s not just about what happened leading up to the accident; it’s about your legal duty in the moments immediately following. Understanding the nuances of this statute is the first step in understanding the challenge ahead, and frankly, it’s a challenge that demands an experienced legal eye.

A Lawyer’s Perspective: “When clients come to me with a hit and run charge, their biggest fear is often the unknown. They’re replaying the moments of the accident, wondering if they made the wrong choice. My job starts by telling them it’s okay to feel that fear, and then immediately moving to how we can build a path forward.”

Penalties for Felony Hit and Run in Virginia: The Hard Truth

A felony hit and run conviction in Virginia can lead to harsh penalties, including significant jail time, substantial fines, and driver’s license suspension. The exact consequences depend on the severity of the incident:

• If there is injury or death: This is the most severe. It’s a Class 5 felony, punishable by 1 to 10 years in prison or, at the discretion of the jury or court, a jail term not exceeding 12 months and a fine not exceeding $2,500. A minimum jail term of 180 days can be imposed. Your license will also be suspended.
• If there is property damage of $1,000 or more: This is a Class 5 felony as well, carrying similar potential prison sentences and fines. Your license will also likely be suspended.

I know this sounds daunting, and it absolutely is. The potential loss of your freedom and the impact on your livelihood are very real concerns. But focusing on the worst-case scenario doesn’t help. What helps is facing it head-on with a clear strategy and a knowledgeable advocate by your side. These are not charges to take lightly, and they require a robust defense from day one.

My First Call: What to Do Immediately After a Hit and Run Charge

Your absolute first step should be to exercise your right to remain silent and contact an attorney. Do not speak with law enforcement, insurance adjusters, or anyone else about the accident without legal counsel. Anything you say can and will be used against you.

This isn’t about guilt or innocence at this stage; it’s about protecting your constitutional rights. Law enforcement officers are trained to gather information, and even an innocent statement can be twisted or misunderstood. Once you have an attorney, they can guide you on what to say, what not to say, and how to communicate effectively without jeopardizing your defense.

Blunt Truth: “You have a right to remain silent for a reason. Use it. Police are not your friends in this situation, and they certainly aren’t looking out for your best interests. Your only priority should be contacting Law Offices Of SRIS, P.C. Immediately.”

The Legal Process for a Hit and Run Felony: From Arrest to Courtroom

The process for a felony hit and run charge typically begins with an arrest or being served with a warrant. You’ll then go through a series of steps that can feel overwhelming:

1. Arrest and Booking: You are taken into custody, fingerprinted, and photographed.
2. Magistrate Hearing: A magistrate will determine if there is probable cause for the charge and set conditions for your release, which might include bail.
3. Preliminary Hearing: In the General District Court, a judge will decide if there’s enough evidence to send your case to the Circuit Court for a felony trial.
4. Grand Jury Indictment: If the preliminary hearing finds probable cause, your case will be presented to a grand jury, which decides whether to issue an indictment, formally charging you with the felony.
5. Arraignment: In Circuit Court, you will formally enter a plea (guilty, not guilty, or no contest).
6. Discovery and Motions: Your attorney will gather evidence, interview witnesses, and file motions to challenge evidence or aspects of the prosecution’s case.
7. Plea Bargaining: Negotiations with the prosecutor may occur to reach a plea agreement.
8. Trial: If no plea agreement is reached, your case will proceed to a jury or bench trial.
9. Sentencing: If convicted, the court will determine your punishment.

We’ll be by your side at every stage, explaining each development and ensuring your rights are protected. Think of us as your co-pilot through this legal journey, navigating the turbulence so you can focus on what matters most: your future.

Building Your Hit and Run Defense: Strategies That Matter

A robust defense strategy for felony hit and run often involves examining every detail of the incident, from the moments leading up to the accident to your actions afterward. We’ll meticulously investigate:

• Identification Issues: Was it definitely you driving? Eyewitness accounts can be unreliable.
• Lack of Knowledge: Did you genuinely know an accident occurred, or that injury/damage was caused? Sometimes minor contact goes unnoticed.
• Lack of Injury/Damage: Was there actually injury or damage as defined by the statute, or was the police report inflated?
• Necessity or Emergency: Were there circumstances that genuinely prevented you from stopping, such as fleeing a dangerous situation?
• Procedural Errors: Were your constitutional rights violated during the investigation? Was the stop lawful?
• Intent: While intent to flee isn’t always required, demonstrating a lack of malicious intent can sometimes influence the outcome.

Every case is unique, and what works for one person might not work for another. Our approach is always tailored to your specific circumstances, ensuring we explore every possible avenue for defense. We don’t believe in one-size-fits-all solutions, especially when your freedom is at stake.

Insider Tip: “Beyond the official police report, try to recall every detail you can. Where exactly did it happen? What was the weather like? Were there any witnesses you noticed? Even small details can become crucial pieces of your defense puzzle. Write it all down now, while it’s fresh.”

Why Choose Law Offices Of SRIS, P.C. for Your Hit and Run Defense?

Our firm brings years of experience to the table, handling serious criminal defense cases across Virginia. Our knowledgeable legal team, under the guidance of attorneys like Bryan Block, understands the intricate details of Virginia’s laws and how they apply to your situation. We pride ourselves on offering not just legal representation, but steadfast guidance during what is undoubtedly one of the most challenging periods of your life.

When your future is on the line, you need more than just a lawyer; you need an advocate who genuinely understands the human side of these crises. We stand firm against the prosecution, meticulously dissecting their case, and tirelessly working to achieve the best possible outcome for you. Your peace of mind and your freedom are our priority.

Frequently Asked Questions About Virginia Hit and Run Law