Felony Hit and Run Causing Injuries – California Vehicle Code 20001 VC
The crime of “felony hit and run causing injury” is a serious offense under California Vehicle Code 20001. This statute criminalizes leaving the scene of an accident when another person has sustained injuries or was killed, even if you were not at fault for the vehicle accident. The legal consequences of this offense can be severe.
The crime of hit and run is defined under California Vehicle Code 20002 and is normally charged as a misdemeanor offense.
Under California law, if you are involved in a vehicle accident, you are required to:
- immediately stop;
- exchange contact information, and;
- insurance information with the other driver.
In all but a few rare cases, the failure to do so is a crime. However, where the collision at issue results in injuries to another party, the failure to stop can be punished as a felony violation of Vehicle Code 20002 and potentially result in state prison time and steep fines.
If convicted, the consequences are severe, including potential state prison time and substantial fines. This underscores the urgency of seeking legal representation.
Examples of felony hit-and-run
In Los Angeles, a common example of a VC 20001 felony hit and run causing injury occurs when:
- a driver strikes a pedestrian in a crosswalk and then quickly drives away from the scene of the accident.
- a person who is driving under the influence is involved in a serious accident causing injuries and flees the scene.
California Vehicle Code 20001 defines felony hit and run causing injury as:
- Any vehicle driver who was involved in an accident causing injury or death to another person shall immediately stop the vehicle at the scene of the accident and shall fulfill their legal requirements
Our Los Angeles criminal defense attorneys are providing a detailed review below.
What Factors Must Be Proven for Hit and Run Conviction?
In order for the prosecutor to obtain a conviction for felony hit and run with injuries in violation of to convict you of California Vehicle Code 20001, they must prove the elements of the crime (CALCRIM 2140) beyond any reasonable doubt.
These crucial factors include:
- Defendant was involved in a vehicle accident while driving;
- The accident caused injury or death to someone else;
- Defendant knew, or should have known, they were involved in an accident that caused injuries or death of someone, and then willfully;
- Failed to stop at the accident scene immediately, provide reasonable assistance to injured people, or provide personal information at the scene of the accident.
It's worth noting that “willfully” means the act was on purpose. It is not required that the defendant intended to break the law or injure someone.
Related offenses
The related California offenses for Vehicle Code 20001 felony hit and run include:
- Vehicle Code 20002 VC – misdemeanor hit and run,
- Vehicle Code 23152 VC – driving under the influence,
- Penal Code 192(c) – vehicular manslaughter.
What are the Penalties for VC 20001 Felony Hit and Run?
Prosecutors are allowed broad discretion in filing hit-and-run charges, and most cases are filed as misdemeanors.
When an accident results in injury to others, a violation of Vehicle Code 20001 is a California “wobbler” that can be filed as either a misdemeanor or felony offense.
If you are convicted of a misdemeanor hit and run case, the penalties include:
- up to one year in county jail and;
- a fine up to $1,000.
If you are convicted of a felony hit and run case, the penalties include:
- up to 4 years in a California state prison, and;
- a fine of up to $10,000.
Prefiling Intervention in Felony Hit and Run Cases
As you can see above, the severe penalties that can be imposed for a VC 20001 felony hit-and-run are a crucial factor demonstrating the importance of pre-filing intervention by an experienced criminal defense lawyer.
If injuries occurred in the hit-and-run, a skilled criminal lawyer might persuade the prosecutor who is deciding how to file the case to file it as a misdemeanor.
The filing decision is crucial, as a misdemeanor offense carries lesser penalties and avoids the possibility of serving time in a state prison.
Our criminal lawyers can present mitigating information about your:
- background,
- character, and;
- history.
We could also arrange payment of victim restitution for medical bills, property damage, and other losses that can prove crucial to the case's outcome.
How Can I Fight VC 20001 Felony Hit and Run Charges?
If you have been charged with Vehicle Code 20001, there are several common defenses. For example:
- there were no injuries;
- you did stop at the scene;
- you made an effort to contact the other party.
We might be able to argument you did wait at the scene to contact the other party.
We also might be able to negotiate with the prosecutor for lesser charges, such as reckless driving or driving under the influence.
It might be possible to work out a civil compromise to pay for the damages in exchange for the charges being dropped.
Another argument is that you made a good-faith effort to contact the other party but were unable to due to factors outside your control.
In most cases, police don't observe the suspected hit-and-run driver as they have already left the scene before police arrive.
This means it could be very difficult for a prosecutor to prove beyond a reasonable doubt that you were the driver of the vehicle involved in the hit-and-run.
Perhaps you have an alibi or some other piece of evidence that casts reasonable doubt on the driver's identity.
Contact Cron, Israels & Stark For Help
Under California Vehicle Code 20002, a felony hit-and-run that causes injury is a serious offense with harsh legal consequences.
If you have been accused of being involved in a vehicle accident and are facing felony hit-and-run charges, remember, you are not alone. Contact our experienced Los Angeles criminal defense lawyers as soon as possible. We are here to help you navigate this challenging situation.
If your case is under a criminal investigation, we can negotiate with the prosecutor to avoid the formal filing of charges through a process known as prefiling intervention.
Even if felony charges have already been filed, there is still hope. We can negotiate for reduced charges or even a case dismissal. We need to review the specific details of your case to develop a strategy.
Cron, Israels & Stark is a criminal defense law firm with a team of highly experienced lawyers who have a track record of success.
We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our office for a free case consultation at (424) 372-3112.
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