I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending criminal cases in Hillsborough County, including traffic-related felonies, I hold an AV Preeminent rating from Martindale-Hubbell and Super Lawyers recognition, and I have tried more than 150 jury cases to verdict.

How Does Florida Define Leaving the Scene of an Accident?

Florida law requires every driver involved in a crash to stop immediately, remain at the scene, and provide certain information — including identification, vehicle registration, and assistance to anyone who needs medical attention. When a driver fails to fulfill these duties, the charge depends on the severity of the crash.

Florida Statutes §316.027, §316.061, §316.063: Three separate statutes cover leaving the scene. §316.027 applies when the crash causes injury or death — this is the felony-level hit and run statute. §316.061 applies when the crash causes property damage only — this is a second-degree misdemeanor. §316.063 covers the specific duty to stop when you damage an unattended vehicle or property. At The Brancato Law Firm, P.A., we defend clients against all three categories of hit and run charges.

The term “hit and run” does not appear in the statute itself, but it is the common name for these offenses. The legal term is “leaving the scene of a crash” or “failure to stop and remain.” Regardless of the label, the consequences are severe — particularly when someone suffered injuries or lost their life.

What Are the Penalties for Leaving the Scene in Florida?

The penalties escalate dramatically based on the severity of the crash:

In addition to criminal penalties, every conviction under §316.027 — the felony statute covering crashes with injury or death — triggers a mandatory 3-year driver’s license revocation under §322.28(4). The court must also order restitution to the victim. If the victim qualifies as a “vulnerable road user” — a pedestrian, cyclist, motorcyclist, or person in a wheelchair — the offense ranking increases by one level under the sentencing guidelines.

What Must the State Prove to Convict You?

The State must prove several elements beyond a reasonable doubt. Understanding these elements is critical because each one presents a potential defense:

• You were the driver. In many hit and run cases, the driver is not identified at the scene. The State must prove you — not someone else — operated the vehicle at the time of the crash.
• A crash occurred. If there was no collision or impact, there is no duty to stop. Minor scrapes in a parking lot may not constitute a “crash” under the statute.
• You knew or should have known about the crash. This is the most common defense in hit and run cases. If you did not realize a crash occurred — because the impact was minor, road conditions masked the sound, or you believed you struck debris — you lacked the willful intent required under §316.027.
• You willfully failed to stop and remain. The word “willfully” means the departure must have been intentional. If you left the scene to call 911, seek medical help, or move to a safer location and then returned, you may not have violated the statute.

Warning: If the crash caused a death and you left the scene while impaired under §316.193, the mandatory minimum sentence increases to 4 years with no possibility of departure. Even without impairment, the mandatory minimum for a fatal hit and run is 4 years in prison — though the court may depart from the mandatory minimum in non-DUI cases if the judge finds that imposing it would result in an injustice. At The Brancato Law Firm, P.A., we aggressively pursue every avenue to avoid mandatory prison time.

What Defenses Are Available for Hit and Run Charges?

Hit and run charges are more defensible than most people realize. Here are the strategies we use at The Brancato Law Firm, P.A.:

• Lack of knowledge. If you did not know a crash occurred, you cannot willfully leave the scene. We present evidence of road conditions, vehicle damage patterns, ambient noise, and other factors showing you had no reason to know there was a collision.
• Identity challenges. When the driver was not identified at the scene, the State relies on circumstantial evidence — vehicle registration, surveillance footage, witness descriptions. We challenge each identification method.
• Compliance with statutory duties. If you stopped, provided your information, and rendered reasonable assistance, you fulfilled the statutory requirements — even if you left before police arrived. The statute requires you to remain until you have satisfied the requirements of §316.062, not until officers release you.
• No crash occurred. If the alleged collision did not happen — or if the damage to the other vehicle or property predated the incident — the charge fails entirely.
• Reasonable fear for personal safety. Florida law does not require you to remain at the scene and risk physical harm. If the other driver became aggressive, made threats, or created a dangerous situation, you had the right to relocate to a safe location and contact law enforcement from there. As a result, the key is that you called police, reported the crash, told them where to meet you, and explained why you could not safely remain. This defense demonstrates that you did not willfully abandon your duties — you fulfilled them from a safer location.
• Constitutional violations. If law enforcement obtained evidence through an illegal search, coerced a confession, or violated your Miranda rights, we move to suppress that evidence.

What Is the Difference Between Leaving the Scene and Vehicular Homicide?

These are separate charges that prosecutors often file together. Vehicular homicide under §782.071 requires proof that the driver caused the death through reckless operation of the vehicle. Leaving the scene under §316.027(2)(c) only requires proof that the driver left the scene of a crash that resulted in death — it does not require proof that the driver caused the crash or drove recklessly.

This distinction matters. You can face a first-degree felony for leaving the scene of a fatal crash even if you did not cause the accident. In practice, the act of leaving often draws more severe charges than the crash itself. At The Brancato Law Firm, P.A., we analyze each charge independently and build defense strategies for both.

What Should You Do If You Are Accused of Leaving the Scene?

If you are under investigation for or have been charged with leaving the scene of an accident, take these steps immediately:

1. Do not speak with law enforcement without an attorney. Anything you say about why you left the scene will become evidence. Officers frequently use the initial interview to establish that you knew a crash occurred. Invoke your right to remain silent and call a lawyer.
2. Return to the scene if possible. If you learn of a crash shortly after it occurred, returning to the scene and cooperating with law enforcement can strengthen your defense — and may demonstrate you lacked knowledge of the crash when you initially left.
3. Preserve evidence. Photographs of your vehicle, dashcam footage, and GPS records can all support a defense of lack of knowledge. Do not repair vehicle damage until your attorney documents it.
4. Contact a defense attorney before your first appearance. If you have been arrested and booked at Orient Road Jail or Falkenburg Road Jail, your arraignment at the Hillsborough County Courthouse happens within 24 hours. An attorney can argue for reasonable bond conditions and begin the defense immediately.

Frequently Asked Questions About Leaving the Scene in Florida

Is leaving the scene of a property-damage accident a felony?

No — leaving the scene of a crash that caused only property damage is a second-degree misdemeanor under §316.061, carrying up to 60 days in jail and a $500 fine. However, if anyone suffered injuries, the charge escalates to a felony. The Brancato Law Firm, P.A. defends clients against both misdemeanor and felony hit and run charges throughout Hillsborough, Pinellas, and Pasco Counties.

What if I did not know I hit someone?

Lack of knowledge is one of the strongest defenses in a hit and run case. The statute requires that the driver “willfully” leave the scene — and willfulness requires knowledge that a crash occurred. If you did not know there was a collision, you cannot be convicted. Tampa criminal defense attorney Rocky Brancato investigates every aspect of the crash scene to build this defense.

Can I be charged with hit and run if I was not at fault for the crash?

Yes. The duty to stop and remain applies regardless of who caused the crash. Even if the other driver ran a red light and struck your vehicle, you have a legal obligation to stop, exchange information, and render assistance. Fault for the crash is a separate issue from the duty to remain at the scene.

More Questions About Hit and Run Charges

What is the mandatory minimum for a fatal hit and run in Florida?

A fatal hit and run under §316.027(2)(c) carries a mandatory minimum of 4 years in prison. If the driver was also impaired under §316.193, the court cannot depart from the mandatory minimum. In non-DUI cases, the defendant may file a motion asking the court to depart from the mandatory minimum if imposing it would constitute an injustice.

Will I lose my license for a hit and run conviction?

Yes. Every conviction under §316.027 triggers a mandatory 3-year driver’s license revocation. Before reinstating your license, you must complete a victim’s impact panel session or a department-approved driver improvement course. At The Brancato Law Firm, P.A., we fight to prevent the conviction from ever reaching this point.

Hiring a Defense Attorney

What experience does Rocky Brancato have with hit and run cases?

Rocky Brancato has defended traffic-related felonies in Hillsborough County for more than 25 years. As a former police academy instructor who taught officers criminal investigation procedures, Rocky understands how crash investigations are conducted and where they go wrong. With more than 150 jury trials to verdict and an AV Preeminent rating, The Brancato Law Firm, P.A. has the experience these charges demand.

How much does it cost to defend a hit and run charge?

Fees depend on whether the charge is a misdemeanor or felony, the complexity of the evidence, and whether the case involves accident reconstruction or other expert analysis. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing hit and run charges, the consequences are serious — up to 30 years in prison for a fatal crash, mandatory license revocation, and a permanent felony record. These cases are defensible, and we know how to challenge the State’s evidence at every turn. Rocky Brancato has defended serious traffic-related felonies in Hillsborough County for more than two decades.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend traffic-related charges, visit our DUI Defense practice page. You can also read our guide on What Is DUI in Florida? — DUI and leaving the scene charges frequently arise from the same incident, and understanding both is critical to an effective defense.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

I’m Tampa criminal defense attorney Rocky Brancato. As a former police academy instructor who taught criminal procedure and courtroom testimony, I understand exactly how law enforcement is trained to handle firearm encounters — and where officers overstep their authority. With more than 25 years defending criminal cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, and Super Lawyers recognition, I have defended gun charges ranging from concealed carry violations to possession of a firearm during a felony.

What Is Concealed Carry Law in Florida After Permitless Carry?

In 2023, Florida passed a permitless carry law that significantly changed §790.01. Before this law, you needed a concealed weapons license (CWL) to carry a concealed firearm legally. Now, you can carry a concealed firearm without a license — but only if you meet the same eligibility criteria that would qualify you for a CWL under §790.06.

Florida Statute §790.01 (2023 Amendment): You may carry a concealed firearm without a license if you satisfy the eligibility criteria under §790.06(2)(a)-(f) and (i)-(n), (3), and (10). However, if you do not meet these criteria, carrying a concealed firearm is still a third-degree felony — up to 5 years in prison. The State bears the burden of proving both that you are unlicensed AND that you are ineligible. This is where The Brancato Law Firm, P.A. builds the defense.

Many people misunderstand the 2023 law. Permitless carry does not mean anyone can carry a concealed firearm anywhere. You must still meet every eligibility requirement — including being at least 21 years old, having no felony convictions, no domestic violence injunctions, no drug or alcohol abuse issues, and no adjudication of mental incompetence. If you fall outside any of these criteria, carrying a concealed firearm remains a felony.

When Is Carrying a Concealed Firearm Still Illegal?

Even after the 2023 permitless carry law, carrying a concealed firearm is a third-degree felony (up to 5 years in prison) if you:

• Are under 21 years old
• Have a felony conviction on your record
• Have been adjudicated mentally incompetent or committed to a mental institution
• Are subject to a domestic violence injunction
• Have a history of drug or alcohol abuse as defined by statute
• Are a fugitive from justice or are currently under indictment

Warning: Carrying a concealed weapon (not a firearm — this includes knives, billyclubs, and other weapons defined in §790.001) without meeting eligibility criteria is a first-degree misdemeanor carrying up to one year in jail. Carrying a concealed firearm without meeting the criteria is a third-degree felony carrying up to 5 years in prison. The distinction between “weapon” and “firearm” matters significantly for the severity of the charge.

In addition, Florida still prohibits carrying firearms — concealed or openly — in certain locations regardless of eligibility. These include courthouses, police stations, jails, school grounds, polling places, government meetings, and establishments that primarily serve alcohol. At The Brancato Law Firm, P.A., we evaluate every concealed carry charge by examining exactly where the weapon was found and whether the location restriction applies.

What Is Improper Exhibition of a Firearm in Florida?

Under §790.10, it is a first-degree misdemeanor (up to one year in jail) to exhibit any dangerous weapon or firearm in a “rude, careless, angry, or threatening manner” in the presence of one or more people — unless you were acting in lawful self-defense. This statute covers a wide range of conduct, from brandishing a gun during an argument to carelessly waving a firearm at a social gathering.

The key phrase is “not in necessary self-defense.” If you displayed the weapon because you reasonably believed you were in danger, the self-defense exception applies and the charge should not stand. Because I taught self-defense law at the police academy, I know exactly how officers are trained to evaluate these situations — and where their evaluations fall short. We challenge improper exhibition charges aggressively at The Brancato Law Firm, P.A..

Improper exhibition is also a common lesser included offense in aggravated assault with a deadly weapon cases. If the State cannot prove all the elements of aggravated assault, the jury may convict on improper exhibition instead — which carries significantly lower penalties.

What Are the Penalties for Gun Crimes in Florida?

Here is how the penalties break down for the most common gun charges under Chapter 790:

Florida’s 10-20-Life law (§775.087) is particularly harsh. If you possess a firearm during certain felonies, you face a mandatory minimum 10 years. If you discharge the firearm, the mandatory minimum jumps to 20 years. If someone is injured or killed, the mandatory minimum is 25 years to life. These mandatory minimums cannot be waived by the judge. At The Brancato Law Firm, P.A., we fight to keep firearm enhancements from attaching in every eligible case.

Is Open Carry Legal in Florida?

Yes — as of September 2025, open carry is legal in Florida. In McDaniels v. State (1D2023-0533, Fla. 1st DCA 2025), the First District Court of Appeal struck down Florida’s decades-old open carry ban, ruling it violated the Second Amendment. The Attorney General declined to appeal, and the ruling now stands as the law of the state.

However, open carry does not mean you can carry a firearm everywhere. Significant restrictions remain. Firearms are still prohibited in courthouses, police stations, schools, airports, polling places, and establishments that primarily serve alcohol. Furthermore, private property owners — including grocery stores, retail stores, and restaurants — have the right to prohibit firearms on their premises. If you openly carry a firearm on property where it is prohibited, you could face arrest for armed trespass, which is a felony under Florida law. At The Brancato Law Firm, P.A., we defend clients charged with firearms violations arising from the evolving open carry landscape. Read our detailed analysis: Florida Open Carry Ruling 2025: What You Need to Know.

How We Fight Gun Crime Charges in Tampa

Because I taught criminal procedure at the police academy, I know exactly how officers are trained to conduct traffic stops, Terry stops, and searches — and I know where they cut corners. Here is how we defend gun charges at The Brancato Law Firm, P.A.:

• Challenge the search. Gun charges almost always begin with a search — a traffic stop, a pat-down, or a home search. If the search violated your Fourth Amendment rights, the firearm evidence is inadmissible.
• Challenge possession. The State must prove the firearm was yours — not just nearby. If the gun was in a shared vehicle or someone else’s property, constructive possession becomes the central issue.
• Challenge eligibility. Under the 2023 permitless carry law, the State must prove you were unlicensed AND ineligible. If the State cannot prove ineligibility, the charge fails.
• Self-defense for improper exhibition. If you displayed the firearm because you reasonably believed you were in danger, the self-defense exception under §790.10 applies.
• Fight the 10-20-Life enhancement. Proximity alone does not satisfy the statute — the firearm must be connected to the felony itself.

Case Study — Cocaine and Firearm Charges Dismissed: We represented a client charged with possession of cocaine and possession of a firearm during commission of a felony. Rocky took an early morning 24/7 call and appeared at First Appearance, arguing the client’s actions did not meet the intent of the firearm statute. The judge set low bonds. Rocky then immediately engaged the intake prosecutor at the State Attorney’s Office. Result: Both charges formally dismissed within days of the arrest. Past results do not guarantee future outcomes.

Can Gun Charges Be Dropped or Reduced?

Yes — and in many cases, the defense centers on how law enforcement found the firearm:

• Illegal search or seizure. If officers found the firearm during an unlawful traffic stop, an illegal pat-down, or a warrantless search, we file a motion to suppress the evidence. Without the firearm evidence, the case collapses.
• Lack of knowledge or possession. If you did not know the firearm was present — for instance, in a borrowed vehicle or someone else’s bag — the State cannot prove knowing possession.
• Eligibility under permitless carry. If the State cannot prove you were ineligible to carry under the 2023 law, the concealed firearm charge fails.
• Pre-file advocacy. If you contact The Brancato Law Firm, P.A. before charges are filed, we can present evidence and argument to the intake prosecutor at the State Attorney’s Office, 13th Judicial Circuit. Early intervention can prevent charges entirely.

What Should You Do After a Gun Crime Arrest?

If you or someone you love has been arrested for a gun-related offense and booked at Orient Road Jail or Falkenburg Road Jail, take these steps immediately:

1. Do not explain the firearm to police. Officers will ask why you had the gun, where you got it, and whether you have a license. Anything you say becomes evidence. Stay silent until you speak with an attorney.
2. Call a defense attorney before your first appearance. Your first hearing at the Hillsborough County Courthouse happens within 24 hours. Gun charges — especially firearm felonies and 10-20-Life cases — often carry high bonds.
3. Document the circumstances. Where exactly were you when the arrest happened? Was there a traffic stop? Did officers ask permission to search? Were there witnesses? These details are critical for challenging the legality of the search.
4. Do not consent to any search. If officers ask to search your vehicle, your home, or your person, you have the right to refuse. Refusing a search is not evidence of guilt.

Frequently Asked Questions About Gun Crimes in Florida

Do I still need a concealed weapons license in Florida?

You do not need a license to carry a concealed firearm in Florida under the 2023 permitless carry law — as long as you meet the eligibility criteria under §790.06. However, obtaining a license still offers benefits: it is recognized in other states through reciprocity agreements, and it exempts you from the waiting period when purchasing a firearm. The Brancato Law Firm, P.A. defends concealed carry charges regardless of license status.

Can a felon possess a firearm in Florida?

No. Under §790.23, a convicted felon who possesses a firearm commits a second-degree felony carrying up to 15 years in prison. This prohibition applies regardless of the permitless carry law. The only way to restore firearm rights after a felony conviction is through executive clemency from the Florida Board of Executive Clemency — and approval is rare.

What is Florida’s 10-20-Life law?

Under §775.087, if you possess a firearm during certain felonies, you face a mandatory minimum 10 years in prison. If you fire the weapon, the mandatory minimum increases to 20 years. If someone is injured or killed, the minimum is 25 years to life. These mandatory minimums cannot be reduced by the judge, which is why challenging the firearm enhancement is often the most important part of the defense.

More Questions About Gun Defense

Can I carry a gun in my car without a license?

Yes, under §790.25(5), you may securely encased or not readily accessible carry a firearm in your vehicle without a license — even without meeting the permitless carry criteria. “Securely encased” means in a glove compartment, snapped holster, gun case, or closed container. However, if the firearm is readily accessible and you do not meet the eligibility criteria, you can be charged with carrying a concealed firearm.

What if the police found my gun during an illegal search?

If officers found the firearm during an unlawful search — whether a traffic stop without reasonable suspicion, an illegal pat-down, or a warrantless home search — the firearm evidence may be suppressed. Without that evidence, the gun charge cannot be prosecuted. Tampa criminal defense attorney Rocky Brancato files suppression motions in every case where the search is questionable.

Hiring a Gun Crime Defense Attorney

How does The Brancato Law Firm handle gun cases differently?

Rocky Brancato’s background as a former police academy instructor — where he taught criminal procedure and courtroom testimony — gives him a unique advantage in gun cases. He knows exactly how officers are trained to conduct stops and searches, and he knows where they deviate from that training. Combined with more than 150 jury trials to verdict and an AV Preeminent rating, The Brancato Law Firm, P.A. brings the experience needed to challenge gun charges effectively.

How much does a gun crime defense lawyer cost in Tampa?

Fees depend on the severity of the charge — a misdemeanor improper exhibition case is different from a 10-20-Life enhancement. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing gun charges in Florida, the consequences can be severe — especially if a 10-20-Life mandatory minimum is on the table. We have spent more than 25 years defending weapons charges in Hillsborough County, and we know how to challenge illegal searches, fight firearm enhancements, and protect your Second Amendment rights when prosecutors overreach.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have — including suppression motions and pre-file advocacy that may prevent charges entirely.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend serious criminal charges, visit our Violent Crimes practice page. You can also read our guide on What Is Robbery in Florida? — gun charges are frequently stacked alongside robbery, and the defense strategies often overlap.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.