California Hit-and-Run Defense Lawyers: Vehicle Code §§ 20002 & 20001
A California hit-and-run is a serious criminal offense that occurs when a driver involved in an accident leaves the scene without stopping to meet specific legal duties under state law.
Under California law, criminal liability turns entirely on whether you stopped to exchange information and render aid—not on who caused the accident.
Even if you were rear-ended or completely blameless, leaving the scene can result in misdemeanor or felony criminal charges, jail or prison time, heavy fines, severe license points, and a permanent criminal record.
Legal Advisory: Fault does not excuse a hit-and-run. If you are involved in a collision—regardless of who was responsible—you have a non-negotiable legal obligation to stop immediately, exchange information, and assist injured parties.
Misdemeanor vs. Felony Hit-and-Run in California
California law separates hit-and-run offenses into two distinct statutory categories based on whether the incident involved property damage alone or physical injury/death.
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Statutory Violation |
Injury Status |
Potential Legal Exposure |
| Misdemeanor Hit-and-Run -Vehicle Code § 20002 | Property Damage Only | Up to 6 months in county jail, up to $1,000 in fines, 2 DMV points, restitution, and probation. |
| Felony Hit-and-Run - Vehicle Code § 20001 | Bodily Injury or Death | 90 days to 4 years in state prison, up to $10,000 in fines, 2 DMV points, and mandatory victim restitution. |
Statutory Duties Required After an Accident
To avoid hit-and-run charges under Vehicle Code § 20002 (property damage) or Vehicle Code § 20001 (injury or death), California drivers must immediately take the following actions:
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Stop Immediately at a Safe Location: Pull over as close to the scene as safely possible without obstructing traffic.
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Exchange Identifying Information: Present your driver's license, vehicle registration, current address, and insurance information to the other driver, property owner, or law enforcement officers.
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Leave Written Notice for Unattended Property: If you strike a parked car or unattended property, you must leave a written note in a conspicuous place containing your name, address, and a brief explanation of what happened, then immediately notify the local police department or California Highway Patrol (CHP).
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Render Reasonable Assistance: If any person is injured, you must provide reasonable medical assistance, including arranging transportation to a medical facility or calling emergency medical services (911).
Civil Compromise for Misdemeanor Charges (Penal Code § 1378)
If you are facing misdemeanor charges under VC 20002, your defense attorney may be able to resolve the case through a Civil Compromise under California Penal Code § 1378.
Under this procedure, if the driver fully compensates the victim for all out-of-pocket property damage, repairs, and financial losses, the court may dismiss the criminal misdemeanor charges entirely.
A civil compromise avoids a criminal trial, prevents jail time, and keeps a criminal conviction off your record.
Key Legal Defenses Against Hit-and-Run Allegations
A hit-and-run defense strategy focuses on challenging the state's evidence regarding knowledge, identity, and intent:
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Lack of Knowledge: Prosecutors must prove beyond a reasonable doubt that you knew (or reasonably should have known) that an accident occurred or that property damage/injury resulted. If you collided with a low-lying object, hit a small pothole, or were unaware of minor contact, you lack the requisite knowledge.
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Mistaken Identity / Not the Driver: Eyewitnesses often misidentify license plate numbers or vehicle models. Proving that you were not driving the vehicle at the exact time of the collision completely defeats the charge.
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Emergency Circumstances or Threat to Safety: Leaving the immediate scene to seek safety because of an imminent physical threat, road rage, or an emergency medical situation can justify your actions, provided you reported the incident to law enforcement as soon as safely possible.
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Compliance with the Law: Demonstrating that you did stop and attempt to exchange information, or that you left proper written notice on an unattended vehicle as required by law.
Frequently Asked Questions (FAQs)
Is a hit-and-run automatically a felony in California?
No. A hit-and-run is charged as a misdemeanor under Vehicle Code § 20002 if the collision resulted only in property damage. It becomes a felony under Vehicle Code § 20001 only if another person suffered bodily injury or death.
Can you be charged with a hit-and-run if the accident was not your fault?
Yes. Fault in causing the collision is legally irrelevant to a hit-and-run charge. You can be hit by another driver, rear-ended, or hit a legally parked car—if you leave the scene without fulfilling your statutory duties to stop and share information, you can be criminally charged.
What should you do if you hit a parked car and no one is around?
Under California Vehicle Code § 20002, you must stop immediately, locate the owner if possible, or leave a written note in a visible spot on the vehicle containing your name, current address, and a summary of what happened. You must also report the incident to the police or California Highway Patrol without delay.
What is a Civil Compromise under California Penal Code § 1378?
A Civil Compromise is a legal procedure available for misdemeanor hit-and-run cases (property damage only) where the defendant fully reimburses the victim for their repair costs and damages. If the victim acknowledges full satisfaction, the judge has discretion to dismiss the criminal charges completely.
How does a hit-and-run conviction affect your California driver's license?
A hit-and-run conviction adds 2 points to your California driving record with the DMV, which can lead to a negligent operator license suspension. It can also cause severe insurance rate increases or total policy cancellation, alongside court-ordered driver's license suspensions for felony convictions.
Contact Cron, Israels & Stark for Hit-and-Run Defense
If you are under investigation or charged with a misdemeanor or felony hit-and-run in Los Angeles or anywhere in Southern California, do not speak with police or insurance adjusters without legal counsel.
The defense lawyers at Cron, Israels & Stark bring deep trial experience to protect your rights, negotiate pre-file resolutions, and defend your record.
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Phone: (424) 372-3112
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Location: Los Angeles, CA / Southern California
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Online: Contact our legal team today to schedule your confidential consultation.