Florida Hit and Run Charges: Penalties, Defenses & What the Data Shows

Updated September 2026 · 2023-2025 data

Being charged with hit and run in Florida is a serious matter that can affect your driving privileges, criminal record, and freedom. Whether you're facing charges under Florida Statute § 316.061 for leaving the scene of an accident involving property damage, or the more serious § 316.027 for accidents involving injury or death, understanding your charges and options is crucial for protecting your future.

Hit and run charges in Florida are prosecuted aggressively across all 67 counties, but the outcomes vary significantly depending on your location, the specific circumstances, and the quality of your defense. Our comprehensive database of Florida criminal cases reveals important patterns that can inform your defense strategy.

What Florida Law Says

Florida's hit and run statutes create different levels of charges based on the severity of the accident:

Florida Statute § 316.061 - Property Damage Only: This statute requires any driver involved in a crash resulting only in damage to vehicles or property to immediately stop and remain at the scene. The driver must provide their name, address, driver's license number, and vehicle registration to the other parties or investigating officer.

Florida Statute § 316.027 - Injury or Death: This more serious statute applies when the accident results in injury or death to any person. In addition to the information required under § 316.061, drivers must render reasonable assistance to injured persons and immediately notify law enforcement.

To secure a conviction, prosecutors must prove beyond a reasonable doubt that:

• You were the driver of a vehicle involved in a crash
• The crash resulted in property damage, injury, or death to another person
• You had knowledge of the crash or reasonably should have known a crash occurred
• You willfully failed to stop and comply with statutory requirements
• You failed to provide required information or render assistance

The knowledge element is often the most contested aspect of these cases. Under Florida law, the prosecution can establish knowledge through circumstantial evidence, including the severity of impact, sounds, vehicle damage, or other indicators that would alert a reasonable person to the occurrence of an accident.

Penalties

Florida's hit and run penalties increase dramatically based on the consequences of the accident:

Property Damage Only (§ 316.061):

• Second-degree misdemeanor
• Up to 60 days in county jail
• Up to $500 in fines
• Minimum 6-month driver's license revocation
• Possible vehicle impoundment
• 6 points on driving record

Injury to Another Person (§ 316.027):

• Third-degree felony
• Up to 5 years in state prison
• Up to $5,000 in fines
• Minimum 3-year driver's license revocation
• Minimum 30 days in jail (mandatory)
• Potential vehicle forfeiture

Serious Bodily Injury (§ 316.027):

• Second-degree felony
• Up to 15 years in state prison
• Up to $10,000 in fines
• Minimum 4-year driver's license revocation
• Mandatory minimum prison sentence under Florida's Criminal Punishment Code

Death (§ 316.027):

• First-degree felony
• Up to 30 years in state prison
• Up to $10,000 in fines
• Permanent driver's license revocation (with possible hardship reinstatement after 5 years)
• Mandatory minimum prison sentence

These penalties can be enhanced if aggravating factors are present, such as DUI, reckless driving, or prior traffic convictions. Additionally, civil liability for damages remains separate from criminal penalties and can result in substantial financial consequences.

Common Defenses

Lack of Knowledge: The most fundamental defense challenges whether you knew or reasonably should have known an accident occurred. This defense is particularly viable in minor contact cases where damage or impact might not have been apparent to the driver at the time.

Mistaken Identity: Prosecutors must prove you were the actual driver of the vehicle at the time of the accident. This defense challenges witness identifications, vehicle registrations, and assumptions about who was driving.

Inability to Safely Stop: Florida law recognizes that immediate stopping isn't always safe or possible. If stopping would have created a greater danger to traffic or persons, delayed stopping to reach a safe location may be justified under the circumstances.

Mechanical Failure or Emergency: Sudden mechanical problems, medical emergencies, or other circumstances beyond your control that prevented compliance with the statute can provide a complete defense if properly documented and proven.

Insufficient Evidence of Damage or Injury: The prosecution must prove actual damage or injury occurred. In some cases, challenging the extent or causation of claimed damages can result in reduced charges or dismissal.

Pre-Trial Diversion and Alternatives

Florida offers several alternatives to traditional prosecution for hit and run charges, particularly for first-time offenders:

Pre-Trial Intervention (PTI): Available in most Florida counties for eligible defendants, PTI allows case dismissal upon successful completion of supervision, community service, and other requirements. Eligibility varies by county and prosecutor's office policies.

Deferred Prosecution Agreements: Some prosecutors offer deferred prosecution for property damage cases, requiring restitution payment, driving courses, and a period of good behavior before dismissing charges.

Adjudication Withheld: Even with a guilty plea or finding, courts can withhold adjudication, preventing the conviction from appearing on your criminal record while still imposing penalties like probation, fines, and license sanctions.

Plea Negotiations: Prosecutors may agree to reduce charges from felony to misdemeanor levels or from injury cases to property damage charges based on the evidence and circumstances.

Participation in these programs often requires early intervention by experienced counsel who understands local practices and prosecutor policies in your specific county.

What Our Data Shows

FloridaCourtFile tracks how hit and run charges are actually resolved in Florida’s courts, county by county. View hit and run outcomes by county — the statewide table on this page updates with each monthly data refresh.

Outright dismissal of a filed hit and run charge is uncommon in the court records — far less common than most defendants expect. The most common alternative to a formal conviction is adjudication withheld, and how often courts grant it varies enormously from county to county — some grant it rarely, others in a large share of resolved cases. Where your case is heard matters.

Because these numbers move with every monthly refresh, the current statewide guilty, dismissal, and withheld rates are published in the live data table on this page rather than in this text — and the county pages break each rate out wherever there is sufficient case volume.

Next Steps

Hit and run charges in Florida carry serious consequences that can affect your freedom, driving privileges, and future opportunities. The complexity of these cases, combined with the significant county-to-county variations in prosecution practices, makes experienced legal representation essential. An attorney familiar with local practices can evaluate the evidence, identify viable defenses, and negotiate alternatives that protect your interests. Don't navigate this challenging situation alone—contact us for a free case review to discuss your specific circumstances and legal options.