What is the Statute of Limitations for a Hit-and-Run in California?
A hit-and-run is not just an auto accident; it's a severe offense in which at least one party fails to stop exchanging information after the accident, potentially leading to legal consequences.
A statute of limitations (SOL) provides the maximum amount of time after an incident for the district attorney to begin legal proceedings based on that incident. It is the deadline for filing criminal charges.
Under Assembly Bill 184, the SOL for a hit-and-run charge in California is six years. The statute of limitations is crucial in legal proceedings, as once it runs, the DA cannot file charges.
Under California law, a hit-and-run accident is typically a misdemeanor defined under Vehicle Code 20002, which occurs if you have not stopped your vehicle after an accident, resulting in property damage.
You are expected to move your vehicle to a location that will not impede other traffic and stop immediately. You must also try to locate and notify the owner of the car you've hit.
You must leave your name, address, and driver's license information with the other party at the scene. The other party involved should also share this information with you.
If you have damaged a parked vehicle and the owner is not present, leave the information in a conspicuous place they can locate. Include a brief explanation with your information, and then contact the local police department.
If your actions fall under any of these scenarios after your vehicle has damaged another's property, you could face misdemeanor charges under VC 20002. Failing to comply with the rules of this section could result in a conviction, which could result in imprisonment in the county jail for up to six months and a fine of up to $1,000 or both.
Hit and Run - Quick Facts
- A "hit-and-run" is when a motorist hits a parked car, a pedestrian, or a mailbox and then leaves the scene without providing their contact information or waiting for the police to arrive.
- Vehicle Code 20002 VC states that a misdemeanor hit-and-run can be charged when someone leaves the scene of an accident without first identifying themselves to the other party.
- Vehicle Code 20001 VC felony hit-and-run can be charged when somebody is involved in an accident that resulted in injury or death to another person, and you willfully failed to inform somebody of the accident.
- In 2013, state legislators extended the statute of limitations for a hit-and-run accident to six years. This SOL applies to misdemeanor hit-and-runs under Vehicle Code 20002 VC or a felony under Vehicle Code 20001 VC.
- Assembly Bill 184 was signed into law in 2014. Before AB 184, the SOL for a hit-and-run charge was three years.
- The district attorney must prove that you knew an accident had occurred, that another person was injured or killed, or that the accident was of such a nature that it was probable that another individual was injured or killed.
What Is a Statute of Limitations?
A statute of limitations (SOL) is the set time limit for when legal action can be taken against someone for committing a crime or causing harm. After the specified time, the person can no longer be charged or sued for the incident.
The SOL varies depending on the type and severity of the crime committed. California's standard SOL for a misdemeanor offense is one year and three years for most felonies defined under California Penal Code 801 PC.
Certain crimes can have unique statutes of limitations, making them longer, such as hit-and-run offenses.
The SOL exists to ensure fairness for the defendant and the legal process. It acknowledges that evidence can be lost or destroyed over time, and witnesses may move or no longer remember specific facts, making it unfair to pursue criminal charges after a certain period has passed.
The Discovery Rule determines when the statutory period for filing criminal charges begins. The SOL clock starts to run when a crime is discovered, highlighting the importance of timing in legal proceedings.
What Is a Hit-and-Run Accident?
A hit-and-run incident occurs when a driver who is involved in an accident deliberately leaves the scene without providing their contact information or waiting for the police to arrive. This is a crime because it violates the responsibility principle and hinders the investigation and compensation process.
The consequences of a hit-and-run offense depend on the severity of the accident. If the hit-and-run results in property damage, it is a misdemeanor. If the incident leads to injury or death, it could be elevated to a felony charge.
VC 20002 misdemeanor hit-and-run says, "(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle by this subdivision does not affect the question of fault. The driver shall also immediately do either of the following…."
VC 20001 felony hit-and-run 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…."
Often, hit-and-run cases present a unique challenge to law enforcement agencies. Given that the perpetrator fled the scene, the identification and apprehension of the perpetrator can take significantly longer. This justifies a longer SOL for hit-and-run offenses than other violations.
What is California Assembly Bill 184?
In California, the SOL was extended to 6 years for both misdemeanor and felony hit-and-run charges through the passage of Assembly Bill 184 in 2013.
This law was passed in response to many hit-and-run cases, mainly in Los Angeles, where the perpetrators escaped prosecution because law enforcement could not locate them within the previous three-year statute of limitations.
The legislators behind AB 184 argued that the previous SOL did not provide enough time for police investigations in hit-and-run cases. With the new 6-year SOL, detectives have more time to gather evidence, locate suspects, and file charges.
What Are the Hit-and-Run Penalties?
Suppose you are convicted of hit-and-run in California. The penalties will depend on whether you were charged with a misdemeanor or a felony.
VC 20002 misdemeanors are standard when the hit-and-run only damages property. However, if someone is injured or killed as a result, the hit-and-run is a "wobbler," meaning it can be charged as a misdemeanor or a felony, depending on the circumstances and the prosecutor's discretion.
For violations of VC 20002 misdemeanor, you can face:
- Up to six months in county jail and
- Up to $1000 in fines.
If charged as a VC 20001 felony, you could face:
- Up to four years in state prison and
- Fines ranging from $1000 to $10,000.
If you need more information about hit-and-run cases, contact our California criminal defense lawyers to review the case details. Cron, Israels & Stark is based in Los Angeles, CA.
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