How a Criminal Defense Attorney Handles a Hit and Run Charge in PA

If you've been accused of leaving the scene of an accident in Philadelphia or anywhere in Pennsylvania, here’s what you need to know—and how a criminal defense attorney can help protect your future.

What Is Considered a Hit and Run in Pennsylvania?

Pennsylvania law requires drivers involved in an accident to stop immediately, provide information, and offer aid if needed. Failing to do so can lead to criminal charges.

There are two primary categories of hit and run offenses under 75 Pa. C.S. § 3742 and § 3743:

🔹 Hit and Run Involving Injury or Death (§ 3742)

Leaving the scene of an accident that results in injury or death is a felony offense.

• Injury (not serious): Third-degree felony

  • Penalty: Up to 7 years in prison and $15,000 fine

• Serious bodily injury: Second-degree felony

  • Penalty: Up to 10 years in prison and $25,000 fine

• Death: Second-degree felony

  • Mandatory minimum: 3 years in prison and $2,500 fine

🔹 Hit and Run Involving Property Damage (§ 3743)

Leaving the scene after damaging another vehicle or property is a misdemeanor.

• Third-degree misdemeanor

  • Penalty: Up to 1 year in jail and $2,500 fine

Even if you think the damage is minor, you're legally required to stop and exchange information—or leave a note if the owner isn’t present.

Common Scenarios That Lead to Hit and Run Charges

• Hitting a parked car and driving away

• Leaving the scene of a crash because of fear, panic, or confusion

• Not realizing you struck another vehicle or object

• Failing to return to the scene after leaving initially

• Driving without a license or insurance and fleeing to avoid penalties

How a Criminal Defense Lawyer Defends Hit and Run Cases

A skilled defense attorney will take immediate steps to investigate your case and develop a strategy that fits your situation. Key defenses may include:

✅ Lack of Knowledge

Your lawyer may argue that you didn’t realize a crash occurred, especially if the impact was minor or visibility was low.

✅ Medical Emergency or Mental Health Crisis

If you left the scene due to a panic attack, confusion, or a health-related episode, your attorney can present this as a mitigating factor.

✅ Mistaken Identity

In some cases, police may accuse the wrong person based on faulty eyewitness descriptions or vehicle registration errors. Your lawyer can challenge the accuracy of the identification.

✅ You Tried to Report the Incident

If you made efforts to call 911, return to the scene, or report the crash later, your attorney can argue that you acted in good faith.

✅ Negotiated Resolution

For first-time offenders in non-injury cases, your attorney may negotiate:

• Entry into a diversion program

• Dismissal or reduction of charges after restitution

• A plea to a summary offense to avoid a criminal record

Consequences Beyond Jail Time

Even in misdemeanor cases, a hit and run conviction can lead to:

• Driver’s license suspension (at least 6 months for § 3743)

• Points on your driving record

• Increased car insurance premiums

• Civil lawsuits from the other driver or property owner

• Employment or background check issues

That’s why it’s essential to handle these charges proactively—with the help of a knowledgeable attorney.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve been charged with a hit and run in Pennsylvania, don’t wait. With over 30 years of experience defending clients in Philadelphia and statewide, Mark D. Hauser will fight to reduce the charges, avoid jail time, and protect your license and reputation.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.