Misdemeanor vs. Felony Hit-and-Run in California: Differences & Penalties
What Is a Hit-and-Run in California?
A hit-and-run occurs when a driver involved in an accident leaves the scene without fulfilling their legal obligations. Under California law, all drivers must:
- Stop immediately at the accident scene.
- Provide their contact and vehicle registration details.
- Offer reasonable assistance if anyone is injured.
Failing to follow these legal duties results in criminal charges, categorized as either a misdemeanor or felony hit-and-run in California, depending on the circumstances.
What Is a Misdemeanor Hit-and-Run?
A misdemeanor hit-and-run occurs when a driver damages another person’s property—such as a parked car, fence, or mailbox—but leaves the scene without providing information. California Vehicle Code 20002 (VC 20002) outlines the legal requirements:
- Stop safely without blocking traffic.
- Locate the property owner and provide your name, address, and vehicle registration.
- If the owner is unavailable, leave a written notice and report the accident to local authorities.
Even if the accident was unintentional, failure to comply can lead to criminal charges.
Misdemeanor Hit-and-Run Penalties
Drivers convicted of a misdemeanor hit-and-run in California may face:
- Up to six months in county jail
- Fines up to $1,000
- Probation and community service
- Two points on their driving record
- Possible restitution to the property owner
What Is a Felony Hit-and-Run?
A felony hit-and-run is charged when a driver leaves an accident scene involving serious injury or death. According to California Vehicle Code 20001 (VC 20001), drivers must:
- Immediately stop at the scene.
- Provide identifying information to victims or first responders.
- Offer reasonable assistance, such as calling emergency services.
Neglecting these responsibilities can result in a felony charge, even if the driver was not at fault for the accident.
Felony Hit-and-Run Penalties
A felony hit-and-run conviction in California carries severe consequences, including:
- 2 to 4 years in state prison
- Fines ranging from $1,000 to $10,000
- Additional penalties if the accident involved DUI or reckless driving
Misdemeanor vs. Felony Hit-and-Run in California: Key Differences
| Feature | Misdemeanor Hit-and-Run | Felony Hit-and-Run |
|---|---|---|
| Involves Property Damage Only | ✅ Yes | ❌ No |
| Involves Injury or Death | ❌ No | ✅ Yes |
| Legal Consequences | Up to 6 months in jail, fines up to $1,000 | 2 to 4 years in prison, fines up to $10,000 |
| Driving Record Impact | 2 points | License suspension or revocation |
Evidence Used in Hit-and-Run Cases
To convict a driver for hit-and-run in California, prosecutors typically rely on:
- Defendant’s own admissions or actions
- Eyewitness testimony
- Traffic camera or dash cam footage
- Vehicle damage and forensic evidence (e.g., paint transfer, debris)
- Police reports and first responder statements
Legal Defenses for Hit-and-Run Charges
Facing misdemeanor or felony hit-and-run charges in California can be overwhelming. However, a skilled criminal defense attorney can employ various legal defenses, such as:
Facing misdemeanor or felony hit-and-run charges in California can be overwhelming. However, a skilled criminal defense attorney can employ various legal defenses, such as:
1. Lack of Knowledge
If the driver was unaware they were involved in an accident, they may not be legally responsible.
2. No Injury Occurred
For felony cases, if the prosecution cannot prove serious injury or death, the charge may be reduced to a misdemeanor or dismissed.
3. Not the Driver
A person cannot be held liable for a hit-and-run if they were not driving the vehicle at the time of the accident.
4. Attempted Compliance
If the driver made reasonable efforts to comply with the law (e.g., stopping but unable to provide details due to safety concerns), charges may be mitigated.
California Hit-and-Run Laws: Related Statutes
California Vehicle Code 20003 (VC 20003)
This law requires drivers involved in accidents causing injury or death to provide detailed identifying information and offer medical assistance if needed.
California Vehicle Code 20004 (VC 20004)
Drivers must report fatal accidents to law enforcement if no police officer is present at the scene.
What to Do If You’re Facing Hit-and-Run Charges
If you have been accused of misdemeanor or felony hit-and-run in California, it is crucial to seek legal representation immediately. A criminal defense attorney can help protect your rights, challenge evidence, and potentially reduce or dismiss your charges.
For expert legal assistance, contact Tulekyan Law Criminal Defense Lawyers, a leading criminal defense law firm in Los Angeles, CA.
Don’t wait—contact us today for a free case consultation and protect your future!
