Hit-and-run incidents are regarded seriously in California because they endanger victims and hinder investigations. If you're accused of leaving the scene illegally, you might wonder whether you'll face a misdemeanor or felony charge.

Generally, if the incident causes only property damage and no aggravating factors are involved, it is classified as a misdemeanor under VC 20002.

However, if someone is seriously injured or killed, the offense is charged as a felony under VC 20001.

Misdemeanor hit-and-run typically involves only property damage if the loss value is below a certain threshold.

For instance, if you accidentally hit someone's fence or gate without damaging their main property, it is classified as a misdemeanor. 

Penalties may include up to six months in jail, a fine of up to $1,000, probation, restitution, and two points on your driving record.

Hit and Run With Injuries

In contrast, felony hit-and-run involves injury or death to another person. This occurs if you leave the scene of an accident that resulted in serious, permanent injury or fatality.

If you do not meet certain requirements after an accident, like offering reasonable help to get the injured driver medical care, you could face serious consequences.

Hit-and-run convictions can result in fines, license suspension, or jail time. In cases of felony hit-and-run, penalties may include imprisonment and fines. Basically, the severity of the penalties depends on the specifics of the accident and your criminal history.

What Exactly is a Hit-and-Run Crime?

A hit-and-run occurs when a driver leaves the scene of an accident without fulfilling their legal obligations. In California, drivers must stop, share their contact details with those involved, and sometimes report the crash to authorities.

Ignoring these duties, regardless of fault, leads to a hit-and-run charge. For instance, under VC 20002, a misdemeanor hit-and-run occurs if someone casually involved in a minor collision suddenly panics and drives away.

Another example is when a person accidentally hits a fence in their front yard and then leaves immediately.

What Must Be Proven for a Conviction?

To secure a conviction for hit-and-run in California, the prosecution must establish beyond a reasonable doubt that the driver left the scene without stopping or providing information. Evidence may include:

• Eyewitness testimony involves witnesses describing the vehicle, the driver, and the events.
• Physical evidence encompasses tire marks, paint transfer from the suspect's vehicle to the victim's car, vehicle damage, and debris at the scene.
• Surveillance footage, such as captured by traffic, security cameras, or dash cams.
• Police and first responder reports may include statements from officers present at the scene.
• Medical records, if injuries are present, provide detailed documentation.
• Statements from the defendant, such as admissions of guilt or comments indicating awareness of the accident, can be damaging.

The prosecution has to demonstrate that the driver was aware of their involvement in an accident, did not stop to assist, and failed to provide their identifying and contact details.

Misdemeanor Hit-and-Run (VC 20002)

Misdemeanor hit-and-run charges occur when a driver damages another person's property, like a parked car or building, and then leaves the scene without stopping. Vehicle Code 20002 requires drivers to:

• Safely bring their vehicle to a stop without blocking traffic.
• Identify the property owner and share their contact details, such as name, address, and vehicle registration.
• If the property owner cannot be located, place a written notice in a visible spot and notify the city police or highway patrol.

Failing to follow these steps is considered a misdemeanor hit-and-run. This charge applies regardless of whether the driver caused accidental damage, as fault or intent are irrelevant.

According to VC 20002, "(a) The driver involved in an accident that only damages property, including vehicles, must immediately stop at the nearest safe spot that does not block traffic or endanger other motorists. Moving the vehicle under this rule does not determine fault. The driver must also immediately..."

In California, individuals convicted of a misdemeanor hit-and-run may be sentenced to up to 6 months in county jail, fined up to $1,000, or receive both penalties. Courts might also order probation, restitution to the property owner, and additional community service.

Felony Hit-and-Run (VC 20001)?

A felony hit-and-run is more serious and occurs when an accident causes serious physical injury or death, and the driver does not stop to fulfill legal obligations.

According to Vehicle Code 20001, a "serious injury" means the loss or permanent impairment of a bodily function or organ. Drivers involved in accidents with injuries or fatalities must:

• Stop immediately at the scene.
• Share their identifying information with victims or emergency responders.
• Provide appropriate help, including calling emergency services if needed.

Failing to perform these duties can lead to a felony charge, even if the driver is not directly responsible for the injury or death.

VC 2001 says, "(a) The driver of a vehicle involved in an accident resulting in injury to a person other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004."

Felony hit-and-run penalties are strict. Offenders risk 2 to 4 years in state prison, fines from $1,000 to $10,000, or both.

If the accident results in permanent or life-changing injuries, penalties can increase. Moreover, drivers fleeing the scene after related crimes like DUI manslaughter could face an additional five years in prison.

What are the Related Laws?

• California Vehicle Code 20003 VC is about the duties of a driver involved in an accident that results in injury or death.
• California Vehicle Code 20004 VC requires drivers to report accidents that result in death to the police. This requirement applies if no police officer is present at the scene.

Defense Strategies for Hit-and-Run Charges

Given the seriousness of hit-and-run charges, particularly felonies, it is crucial to consult an experienced California criminal defense lawyer. An adept attorney can potentially reduce the severity through various strategies. Typical defenses might involve:

• Lack of Knowledge: In both misdemeanor and felony hit-and-run cases, the prosecution needs to prove that the driver either knew or reasonably should have known they were involved in an accident. If the driver can show they were unaware of the collision, it might influence the case's result.
• No Injury: In felony hit-and-run cases, demonstrating that no serious injury or death took place, or that the incident did not cause such injuries or deaths, can lead to reducing the charge to a misdemeanor or dismissing it. Experts in medical evidence and accident reconstruction can help develop this defense.
• Not the Driver: If the accused was not operating the car during the accident, they cannot be held responsible. Supporting evidence may include witness statements, video footage, or alibis.
• Attempted Compliance: A defendant might claim they attempted to comply with the law by stopping to help or providing contact details, but unforeseen circumstances, like dangerous traffic conditions, prevented them from fully following all legal obligations.

For additional information, contact our criminal defense law firm, Cron, Israels & Stark, in Los Angeles, CA.