Felony Hit and Run Causing Injury

California Vehicle Code § 20001 Defense Attorney

Being accused of felony hit and run causing injury under California Vehicle Code § 20001 is a serious criminal matter that can expose you to state prison time, steep fines, and a permanent felony record.

These cases are aggressively prosecuted throughout California—especially in Los Angeles County—because they involve allegations of leaving the scene when someone was injured or killed.

If you or a loved one may be under investigation or has already been charged, it is critical to consult an experienced felony hit and run defense lawyer immediately.

Early intervention can often mean the difference between a felony filing, a misdemeanor charge, or a complete dismissal.

At Eisner Gorin LLP, our attorneys provide strategic, aggressive defense in hit-and-run cases involving injury or death throughout Southern California. Schedule your consultation at (818) 781-1570 or contact us here.

What Is Felony Hit and Run Under Vehicle Code 20001?

California Vehicle Code § 20001 makes it a crime for a driver involved in an accident resulting in injury or death to leave the scene without fulfilling their legal duties.

Importantly, you do not have to cause the accident to be charged with felony hit and run. Even if another driver was entirely at fault, leaving the scene without stopping and providing required information can still result in criminal liability.

The Law Requires Drivers To:

Immediately stop at the scene
Provide identifying and insurance information
Render reasonable assistance to injured persons
Contact emergency services when necessary

Failing to do so may elevate a hit and run from a misdemeanor to a felony offense.

Misdemeanor vs. Felony Hit and Run

Most hit and run cases involving property damage only are charged under Vehicle Code § 20002 as misdemeanors.

However, when an accident involves bodily injury or death, prosecutors may file charges under Vehicle Code § 20001, which is a “wobbler”—meaning it can be charged as either a misdemeanor or a felony.

Felony Exposure Increases When:

The injuries are significant
There are multiple victims
The defendant has prior convictions
The defendant failed to provide any assistance

This is why early legal advocacy is essential.

What the Prosecutor Must Prove (CALCRIM 2140)

To secure a conviction for felony hit and run causing injury, the prosecution must prove every element beyond a reasonable doubt, including:

You were driving a vehicle
You were involved in an accident
The accident caused injury or death to another person
You knew or reasonably should have known the accident caused injury or death
You willfully failed to stop, provide identifying information, or render reasonable aid

The term “willfully” does not require intent to harm or break the law—only that the act of leaving was done on purpose.

Penalties for Felony Hit and Run (VC 20001)

The penalties depend on whether the case is filed as a misdemeanor or a felony:

Misdemeanor Penalties

Up to 1 year in county jail
Up to $10,000 in fines
Probation and restitution

Felony Penalties

Up to 4 years in California state prison
Up to $10,000 in fines
Restitution to injured parties
Permanent felony conviction

Because the consequences are severe, avoiding a felony filing is often the primary goal in these cases.

Fatal DUI cases in California are not treated the same. Depending on the facts, a single incident can lead to charges ranging from vehicular manslaughter to second-degree Watson murder.

The Importance of Prefiling Intervention

Felony hit and run cases often begin with an investigation—not immediate charges. This window allows skilled defense counsel to engage in prefiling intervention, which can significantly impact how (or whether) charges are filed.

Effective prefiling advocacy may include:

Demonstrating a lack of injury evidence
Showing the driver attempted to stop or seek help
Providing proof of confusion, shock, or emergency
Presenting strong mitigation (character, background, no record)
Facilitating early restitution payments

In many cases, prosecutors can be persuaded to file misdemeanor charges instead of felony charges, or decline filing altogether.

Common Defenses to VC 20001 Felony Hit and Run

Every case is fact-specific, but common defenses include:

No Injury Occurred

If the evidence does not support actual injury, the case may only qualify as a misdemeanor hit and run.

Lack of Knowledge

The prosecution must prove you knew—or reasonably should have known—someone was injured. Minor contact or low-impact collisions may undermine this element.

Good-Faith Effort to Stop or Report

Some drivers attempted to locate the other party or contact authorities, but were unable to do so due to circumstances beyond their control.

Driver Identity Issues

In many hit-and-run cases, police never identify the driver at the scene. Vehicle ownership alone is not proof of who was driving.

Independent Investigation & Alibi

Defense investigators may uncover witnesses, surveillance footage, or evidence that casts doubt on the prosecution's theory.

Why Choose Eisner Gorin LLP for Hit and Run Defense?

At Eisner Gorin LLP, we understand how prosecutors evaluate hit-and-run cases and how to intervene early to protect our clients.

What Sets Our Firm Apart

Decades of combined criminal defense experience
Proven success in felony hit and run cases
Strategic prefiling intervention
Courtroom litigation strength
Discreet, client-focused representation

Our attorneys handle each case with urgency and precision to achieve the best possible outcome.

Contact a Felony Hit and Run Lawyer Today

Felony hit and run causing injury is a life-altering charge—but it does not have to define your future. The sooner you involve experienced defense counsel, the more options you have.

If you are facing potential hit-and-run charges in Los Angeles or anywhere in Southern California, contact us immediately.

Confidential Consultation

Call 818-781-1570 to speak with an experienced felony hit and run defense attorney today.

Felony Hit and Run