Leaving the Scene of an Accident Causing Property Damage

Skilled Boston Criminal Defense Attorney Dedicated to Protecting the Rights of Clients Throughout Suffolk County

A hit-and-run charge can follow you for years—even if no one was hurt. In Massachusetts, leaving the scene of an accident that caused only property damage is still a criminal offense, not just a traffic violation. You may have panicked, not realized there was damage, or thought it wasn’t necessary to report a minor scrape. Regardless of the situation, the consequences of walking away from the scene can be serious. The Law Office of Patrick J. Murphy has represented individuals in Boston and surrounding areas for over 27 years. As a Boston criminal defense lawyer, Attorney Murphy knows how to handle these cases with care and strategy, often helping clients avoid a conviction or permanent criminal record.

What Massachusetts Law Says About Leaving the Scene

Under Massachusetts General Laws Chapter 90, Section 24(2)(a), any driver who knowingly leaves the scene of an accident after causing damage to another person’s property—such as a parked car, fence, building, or mailbox—can be charged with a crime. The law requires you to stop, provide your name, address, and vehicle registration number, and if requested, show your license.

Failing to do so—even for a minor dent—can lead to criminal prosecution.

Possible Penalties for a Hit and Run Accident

Leaving the scene of an accident causing property damage is a misdemeanor, but that doesn’t mean the consequences are light. A conviction can result in:

  • A fine of $20 to $200
  • Jail time of up to 2 years (though rarely imposed for first-time offenders)
  • Mandatory driver’s license suspension for at least 60 days and up to 1 year
  • A permanent entry on your criminal record

These penalties are often more severe than the consequences of the accident itself—especially if you would not have otherwise been charged with a crime.

There May Be Legitimate Reasons for Leaving the Scene

Not everyone who leaves the scene is trying to avoid responsibility. In many cases, people are unaware they caused damage or are unsure what to do in the moment. Common scenarios include:

  • Thinking the damage was too minor to report
  • Feeling unsafe stopping in a particular area
  • Believing the other party wasn’t around or that no one saw
  • Assuming their insurance would handle the situation

Unfortunately, the law doesn’t make exceptions for misunderstandings or panic. That’s why it’s critical to have a defense attorney who can present your version of events in court.

Defending Against a Hit-and-Run Property Damage Charge

There are a number of ways to fight this type of charge, depending on the circumstances of the incident and how the police identified you as a suspect. Common defenses include:

Lack of knowledge. If you didn’t realize there was damage—or didn’t know you made contact—this may be a strong defense. The law requires knowing involvement in an accident causing property damage.

No actual damage. If there’s no evidence of damage, or it’s not connected to your vehicle, the prosecution may not be able to prove the charge beyond a reasonable doubt.

Mistaken identity. Especially in city traffic or tight parking lots, it’s not uncommon for someone to wrongly identify a car or driver. Surveillance footage, witness credibility, and vehicle damage reports can be used to support your defense.

Voluntary return to the scene. If you left the scene but returned shortly afterward to provide your information, that can be a mitigating factor—even if the police had already arrived.

Attorney Murphy will review the police report and any surveillance footage, speak with witnesses, and vigilantly work to protect your driving record and your future.

What to Do if You’ve Been Accused of a Motor Vehicle Offense

If you’ve received a summons or are being investigated for leaving the scene, do not contact the other party or speak to police without an attorney. Even offhand remarks or apologies can be used as admissions in court. In some cases, your lawyer can resolve the matter without a criminal charge ever being filed.

Take Action Now to Resolve the Situation Because It’s Not Going Away

A property damage hit-and-run charge may seem minor compared to other crimes, but a conviction can carry serious long-term consequences. From losing your license to insurance rate hikes to a criminal record, the impact can be felt long after the case ends. If you’ve been charged with leaving the scene of an accident in Boston, call the Law Office of Patrick J. Murphy at (617) 367-0450. We can help you address the issue directly, build a smart defense, and work toward the best possible outcome.

Client Reviews

"Highly Recommended. Attorney Patrick J. Murphy absolutely helped me out in my time of need. When I met him in his Boston office he put me right at ease and explained the criminal process to me in a way I could easily understand and in a manner that gave me complete confidence. I was facing a...

- Rob, Avvo User

From the first consultation I knew Patrick Murphy was the right choice for my criminal defense. He was knowledgeable of the laws and knew how to build up a strong defense for my case. Every phone call and email I made was promptly answered. When it came time for my hearing, Patrick was prepared and...

- John, Avvo User

Patrick Murphy provided excellent service as council on my case. He worked diligently over a long legal process that spanned over 3 years. He was able to take my case to a Jury Trial and get me a Not Guilty verdict through he expert knowledge of the law and expertise in cross examination of the...

- Chris, Avvo User

Attorney Pat Murphy did a great job guiding me through an A&B charge, and most importantly getting the case dismissed in a very timely manner. He is very professional, returns call promptly, and did a great explaining his strategy and the legal process to me. I was confident throughout the whole...

- Avvo User

Mr. Patrick J. Murphy was very quick to respond to my needs. He was always there to answer any questions I had in a timely fashion, and he made me feel very comfortable in an extremely uncomfortable situation. Having Mr. Murphy by my side in the courtroom felt like I was at an advantage. He speaks...

- Avvo User

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