Leaving the scene of a crash in Florida might seem like a split-second decision—but the legal consequences can last a lifetime. Whether the incident involved property damage, injury, or death, the law treats these scenarios very differently. And as of recent legislative changes, the penalties for leaving the scene have become more severe, especially when victim injury points are on the line.
What Is “Leaving the Scene” Under Florida Law?
Under Florida Statutes §§ 316.061 and 316.027:
- If you leave the scene after a crash involving only property damage, you may be charged with a second-degree misdemeanor, punishable by up to 60 days in jail.
- But if the crash involved injury or death, failing to stop, exchange information, or render aid can result in felony charges:
- Injury = Third-degree felony (up to 5 years in prison)
- Serious bodily injury = Second-degree felony (up to 15 years)
- Death = First-degree felony (up to 30 years)
The stakes get higher fast.
What Must the Prosecutor Prove?
To convict someone of leaving the scene of an accident involving injury, the State must show:
- The defendant was the driver of a vehicle involved in a crash;
- The crash caused injury or death to another person;
- The defendant knew or should have known of the crash and resulting injury; and
- The defendant willfully failed to stop, provide identification, or render aid.
Courts have consistently ruled that the knowledge element—“knew or should have known”—can be proven with circumstantial evidence, including:
- The extent of vehicle damage
- Eyewitness or surveillance testimony
- Statements or attempts to hide or repair the car
What About Sentencing? Understanding Injury Points in 2025
Here’s where things recently changed.
In the past, under the Sims v. State decision, Florida courts held that victim injury points could only be added to a sentencing scoresheet if the injury or death was caused by the crime of leaving the scene itself, not the crash. So, in a case where the death occurred instantly at impact—before the driver fled—points could not be assessed.
But as of July 1, 2023, the Florida Legislature amended Section 921.0021(7)(e) to allow courts to assess victim injury points for injuries or death that resulted from the crash—even if they weren’t caused by the act of leaving.
That means:
- A person convicted of leaving the scene of a crash involving death can now be assessed 120 sentencing points, regardless of whether the leaving caused the death.
- These points can almost guarantee prison time, even for first-time felony offenders.
How We Defend These Cases
At Fletcher + Fletcher, we look closely at every detail to challenge the State’s case:
✅ Was the defendant actually driving the vehicle?
✅ Did they reasonably know an injury occurred?
✅ Was there a legitimate reason to leave the scene (e.g., fear, safety)?
✅ Were injury points applied legally under the current sentencing law?
We also explore options for charge reductions, pretrial diversion, or negotiated pleas that avoid prison and protect your record.
Charged with a Misdemeanor for Property Damage Only? You Still Have Rights
Even misdemeanor cases can carry serious consequences—especially if you hold a professional license or security clearance. Don’t assume a “minor” charge doesn’t need a lawyer. We’ve helped dozens of clients in Pinellas County and St. Petersburg resolve property-only leaving-the-scene charges with no conviction on their record.
📺 Want to Learn More About Florida Criminal Law?
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- Florida DUI defenses
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Contact Fletcher + Fletcher Today
If you’ve been charged with leaving the scene, the clock is ticking—and your next step matters. Whether it’s a felony accusation or a misdemeanor, we’re ready to build your defense with a focus on local knowledge, aggressive strategy, and protecting your future.
📞 Call now to schedule a confidential consultation with our St. Petersburg defense team.
