A man accused of hitting a pedestrian and leaving the scene of accident is now facing serious felony charges in St. Johns County. The 25-year-old man is accused of hitting a 53-year-old pedestrian who died from his injuries, according to a report in the Florida Times-Union. The driver did not call police or stop and wait for help to arrive, but instead drove off after the July accident, the newspaper reported. After evidence was collected and tested from the scene and the man’s vehicle, police issued a warrant. Rather than wait for police to arrest him, the man turned himself in on a charge of leaving the scene of an accident causing a death.
The charge is a first-degree felony with a maximum penalty of 30 years in state prison. And while the maximum penalty is important, the key in this St. Johns County Felony Case is the minimum mandatory sentence. Florida law requires that if someone is convicted of leaving the scene of an accident causing death, there is a minimum mandatory sentence of four years in state prison. And in cases with a minimum mandatory sentence, the defendant must serve every single day of the sentence in prison. For most other crimes, people serve 85 percent of the time, so four years would really be just more than three years. This minimum mandatory sentence also applies regardless of a person’s prior criminal history.
Florida drivers are required to stop if they are involved in a car accident of any kind. If the driver has a reasonable belief that someone is injured, he or she must stop, attempt to render aid and call 911 to get emergency crews on the scene. In this St. Johns County Traffic Case, the accusation is that none of those things happened. The requirements are there for any type of crash, though the penalties do increase depending on the severity of the damage that is caused. For example, if the victim has a serious bodily injury but does not die from the injuries, the charge would be a second-degree felony with a maximum penalty of 15 years in state prison. The charge also would not carry a minimum mandatory prison sentence – a key difference in the two charges. The charge would result in the driver having his or her license revoked for three years. In many St. Johns County Felony Traffic Cases, an arrest like this is a person’s first serious experience in the criminal justice system. Our St. Johns County Criminal Defense Attorney can investigate your case, explain the potential consequences and provide you or your loved one with the information to make a decision about how to proceed with the case.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County Felony Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.