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If You've Been Charged With Leaving the Scene...

These charges can wreck your job, take away your license, and destroy your reputation. But an accusation isn’t a conviction. An experienced criminal lawyer can help you fight back when you’re involved in a car accident case like this.

Arrested for Hit & Run in Memphis?

Hit and Run Charges in Memphis, TN

Tennessee law says drivers must stop after any motor vehicle accident. You can’t just drive away. Tennessee Code sections 55-10-101, 55-10-102, and 55-10-103 spell out exactly what you must do. These rules apply everywhere, from city streets to parking lots, and even private property.

The law splits hit-and-run cases into two types. Property damage cases are handled under one section. Accidents with injuries fall under another category. Both can send you to jail, but injury cases carry much harsher penalties.

Here’s what shocks most people: You can be charged even if the car accident wasn’t your fault. The crime isn’t causing the crash. It’s leaving without doing what the law requires. This means charges can stick even when the other driver caused the accident.

Shelby County Criminal Court
  • Address: 201 Poplar Avenue, Memphis, TN 38103
  • Phone: (901) 222-3200
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM
Shelby County General Sessions Criminal Court
  • Address: 201 Poplar Avenue, Suite LL-81, Memphis, TN 38103
  • Phone: (901) 222-3500
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM

Common Scenarios Leading to Hit and Run Accusations

Memphis sees thousands of these cases yearly. Many involve regular people who never meant to break the law. Fear took over in the moment. We’ve defended clients who honestly didn’t know they’d hit anything until police showed up days later investigating a hit and run in Memphis.

Typical situations include:

  • Backing into a parked car and not seeing damage
  • Hitting a pedestrian but thinking it was debris
  • Striking something during bad weather or poor visibility
  • Having a medical emergency while driving
  • Being confused about what happened

Sometimes people stop at first, then leave because they’re scared. Others drive away during a panic attack. Some have car trouble that forces them to leave. Each accident case is different, and the details matter for your defense when you’re involved in the accident.

Penalties for Hit and Run Convictions in Tennessee

Hit-and-run convictions in Tennessee destroy lives. The punishment depends on your specific car accident case, but all convictions can mean jail time, heavy fines, and losing your license. Property damage cases usually start as misdemeanors but can become felonies if the damage is severe.

Long-term consequences include:

  • Permanent criminal record
  • Job application problems
  • Professional license issues
  • Housing difficulties
  • Insurance companies will raise your rates

The Tennessee Department of Safety will suspend your license. This makes getting to work, caring for family, or handling daily tasks nearly impossible.

Why You Need a Memphis Car Accident Lawyer

Hit-and-run cases look simple but aren’t. Prosecutors must prove specific facts beyond a reasonable doubt. More defenses exist than you might think. Without skilled legal help, you’re walking into court unprepared and outgunned when dealing with an accident in Memphis.

Memphis prosecutors work hard to win these cases, especially when someone got hurt or property damage was expensive. They have resources, experience, and motivation to convict you. You need someone who knows their tactics and can fight back effectively.

Early legal help is crucial for:

  • Scene investigation while the evidence is fresh
  • Witness interviews before memories fade
  • Police report review for errors
  • Defense strategy development
  • Protection from self-incrimination

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Defense Strategies for Hit and Run Cases

Every hit and run accident case is unique. The defense must fit your specific facts and circumstances. However, several approaches work well in the right situations.

One key defense challenge is whether prosecutors can prove you were driving. Police sometimes assume the car owner was behind the wheel. If they can’t prove you were driving, they can’t convict you.

Another defense involves knowledge: Did you actually know an accident occurred?

Common defense approaches:

  • Driver identification challenges
  • Lack of knowledge about the accident
  • Emergency situations that justified leaving
  • Mechanical failures beyond your control
  • Witness credibility problems

What to Do If You’re Accused of Hit and Run

If Memphis police are investigating you for hit-and-run, your next moves will shape your Memphis car accident case outcome. The most important rule: don’t make things worse by talking without a lawyer present.

Immediate steps to take:

  • Don’t talk to the police without an attorney
  • Don’t discuss the case with anyone
  • Stay off social media about the incident
  • Don’t contact witnesses or other drivers
  • Preserve any helpful evidence

Evidence to protect:

  • Photos of your vehicle
  • Maintenance records
  • Phone records showing your location
  • Medical records, if you were having health issues
  • Witness contact information

Contact Harvey Criminal Defense Lawyers immediately. The sooner we start working, the better we can protect your rights and fight for the best outcome.

How Our Team Works

At Harvey Criminal Defense Lawyers, we bring unique experience to hit-and-run cases. Our background as former prosecutors gives us insight into how these cases are built and where they’re weakest. We know the Memphis court system, local prosecutors, and judges handling your accident case.

Each accident attorney in our law firm has both an aggressive and smart approach. We fight hard when fighting serves your interests. But we also know when negotiation might work better. Sometimes we can resolve cases through pretrial programs or reduced charges. Other times, we need to go to trial.

Areas Served

  • Memphis
  • Covington
  • Henderson
  • Germantown
  • Somerville
  • Collierville
  • Brownsville
  • Bartlett
  • 38103
  • 38104
  • 38105
  • 38106
  • 38107
  • 38108
  • 38109
  • 38111
  • 38112
  • 38114
  • 38115
  • 38116
  • 38117
  • 38118
  • 38119
  • 38120
  • 38122
  • 38125
  • 38126
  • 38127
  • 38128
  • 38131
  • 38132
  • 38133
  • 38134
  • 38135

Protecting Your Future After a Hit and Run Charge

A hit-and-run charge doesn’t have to ruin your life. With the right legal representation and defense strategy, you can often avoid conviction or reduce the consequences significantly. Even if you face some punishment, options exist to minimize long-term damage.

In some cases, we can negotiate for reduced charges, alternative sentencing, or arrangements that protect your driving privileges and keep you out of jail. For certain situations, expungement might be possible later. This would remove charges from your record completely.

The most important thing is to act now. The longer you wait, the harder it becomes to build an effective defense. Evidence disappears, witnesses forget details, and your options shrink.

Contact Memphis Hit and Run Attorney Phil Harvey Today

We, at Harvey Criminal Defense Lawyers, are here to help. We offer a case evaluation where we’ll review your hit-and-run accident case, explain your options, and discuss how we can protect your future. We understand your fear and uncertainty, and we’re here to guide you through this difficult time.

Time is critical in hit-and-run cases. Evidence needs protection, witness statements need collection, and defense strategies need quick development. Call Harvey Criminal Defense Lawyers today—we’re available for emergency consultations and ready to start fighting for your rights immediately.

Frequently Asked Questions

What qualifies as a hit and run in Tennessee?

A hit and run occurs when a driver is involved in an accident and leaves the scene without stopping to provide their information or render aid. Tennessee law requires drivers to stay at the scene of any crash that causes property damage, injury, or death.

Is leaving the scene of an accident a felony or misdemeanor?

It depends on the damage caused. If the accident involves property damage only, it’s typically a Class C misdemeanor. If there are injuries or fatalities, the offense becomes a felony, with much harsher penalties—especially if the driver knew or should have known someone was hurt.

What are the penalties for a hit and run in Tennessee?

Penalties vary based on the severity of the crash:

  • Property damage only: Up to 30 days in jail and a fine up to $50.
  • Injury involved: Class A misdemeanor or Class E felony—up to 6 years in prison and fines up to $3,000.
  • Fatality involved: Class D or C felony—up to 12 or 15 years in prison and even higher fines.

A conviction also often leads to license suspension and a permanent criminal record.

What should I do if I’m accused of a hit and run?

Do not speak to law enforcement or insurance investigators before speaking to a criminal defense lawyer. There may be defenses available—such as not realizing a collision occurred, mistaken identity, or lack of intent to flee. A lawyer can help protect your rights and build a strong defense.

Will I lose my driver’s license after a hit and run?

Possibly. A conviction for leaving the scene of an accident—especially one involving injury or death—can lead to automatic driver’s license suspension. In some cases, your attorney can negotiate to preserve your driving privileges, especially if it’s a first offense.

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