Criminal defense
Leaving the Scene of a Crash (Hit and Run) in Miami
Florida requires every driver in a crash to stop, give information and, if someone is hurt, help. Leaving when someone is injured is a felony.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.
What the Law Requires After a Crash
The driver must stop at the scene or as close as possible and stay until he or she has given name, address and vehicle registration number, shown a license if asked, and given any injured person reasonable assistance. If the other car or property is unattended, the driver must find and notify the owner or leave a written note in a conspicuous place, and then notify the police without unnecessary delay.
What the State Must Prove
- Crash with injury or death (Instruction 28.4): you were the driver of a vehicle in a crash on public or private property that injured or killed someone; you knew you were in a crash; you knew, or should have known from the circumstances, of the injury or death; and you willfully failed to stop and remain until you had given your information and rendered reasonable assistance.
- Damage to an attended vehicle or property (Instruction 28.4(a)): you were the driver in a crash that caused only property damage to a vehicle or property driven or attended by someone, and you failed to stop and remain until you gave your identifying information.
- Damage to an unattended vehicle or property (Instruction 28.4(b)): you failed to stop and either notify the owner or leave a written notice, and then notify police.
Penalties
- Crash with injury: third-degree felony (up to 5 years and $5,000).
- Crash with serious bodily injury: second-degree felony (up to 15 years and $10,000).
- Crash with a death: first-degree felony (up to 30 years and $10,000) with a 4-year minimum mandatory prison term. The defense may ask the judge to go below the minimum, unless the driver was under the influence; the judge can grant it only on a finding that the minimum would be an injustice.
- Any injury level: license revocation of at least 3 years, a victim impact panel or approved course before reinstatement, and restitution unless the court finds clear and compelling reasons not to order it.
- Property damage only, attended or unattended: second-degree misdemeanor (up to 60 days and $500). Since October 1, 2025, in attended-property cases the court may also order a driver who caused or contributed to the crash to pay restitution.
If police try to stop you while you are leaving the scene and you flee, that is a separate felony. See Fleeing and Eluding.
Common Situations in Miami
- A minor bump where the driver did not realize anyone was hurt.
- A driver with no license or immigration worries who panicked.
How We Defend Leaving-the-Scene Charges
- Did you know there was a crash? Knowledge is an element of the injury charges.
- Did you know, or should you have known, someone was hurt?
- Who was driving? The owner of the car is not always the driver.
- What you did: stopping nearby, calling 911 or coming back.
- If the crash involved alcohol, see DUI Manslaughter and Serious Bodily Injury.
What to Do First
- Do not talk to police or insurers about who was driving until you talk to a lawyer.
- Do not repair or get rid of the car.
- Call us. A lawyer can sometimes arrange a surrender instead of an arrest at home or work.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
You can read about some of our past cases on our Results page.
Frequently Asked Questions
Is leaving the scene a felony in Florida?
When someone is injured or killed, yes. When there is only property damage, it is a second-degree misdemeanor.
What if I didn't know I hit anything?
For the injury charges, the State must prove you knew you were in a crash. That is often the key issue.