Hit-and-run accidents are taken seriously in California, as they leave victims vulnerable and complicate investigations. The question is, if you are accused of leaving the scene of an accident illegally, will you be charged with misdemeanor or felony hit-and-run?
The short answer is that minus any aggravating factors such as additional offenses, a hit-and-run resulting only in property damage constitutes a misdemeanor offense (VC 20002). Still, if someone is seriously injured or killed, it's charged as a felony offense (VC 20001).
Simply put, Misdemeanor hit-and-run involves only property damage if the value of the loss is under a certain amount. For example, if you hit someone's fence or gate and don't damage their main property.
Possible penalties include up to six months in jail, a fine of up to $1,000, probation, restitution, and two points on your driving record.
Felony hit-and-run involves injury or death to another person. If you fled the scene of an accident that produced a serious, permanent injury or fatality
If you fail to follow certain requirements after an accident, such as providing reasonable assistance to get the injured driver medical care.
Hit-and-run convictions can lead to fines, license suspension, and even jail time. The penalties for a felony hit and run can include prison time and fines. Simply put, the penalties can depend on the nature of the accident and your criminal record.
What is a Hit-and-Run in California?
A hit-and-run occurs when a driver involved in an accident leaves the scene without fulfilling their legal obligations.
California law requires drivers to stop, provide their contact information to those affected, and, in certain circumstances, report the incident to law enforcement.
Failing to satisfy these requirements, regardless of who is at fault, results in a hit-and-run charge.
A common example of a misdemeanor hit-and-run offense under VC 20002 is when someone is involved in a simple fender bender but immediately panics and quickly drives away. Yet another example is when someone accidentally crashes into somebody's fence in their front yard but decides to flee the scene immediately.
To convict a hit-and-run driver in California, the prosecution must prove beyond a reasonable doubt that the driver fled the scene without stopping or providing information. Evidence can include:
- Eyewitness testimony: Eyewitnesses can describe the car, its driver, and what happened
- Physical evidence: This includes tire marks, paint transfer from the suspect's car to the victim's car, vehicle damage, and debris from the scene.
- Surveillance footage: From traffic cameras, security cameras, or dash cams
- Police and first responder reports: These can include statements from the officer at the scene.
- Medical records: If there were injuries
- Statements from the defendant: Admissions of guilt or statements that indicate awareness of the accident can be damaging
The prosecution must prove that the driver knew they were involved in an accident, failed to stop and help, and failed to provide identifying and contact information.
What is a Misdemeanor Hit-and-Run?
Misdemeanor hit-and-run charges apply when a driver causes damage to another person's property, such as a parked car or building, and then leaves without stopping. According to Vehicle Code 20002 VC, drivers must:
- Stop their vehicle safely, avoiding the obstruction of traffic.
- Locate the property owner and exchange their information, including name, address, and vehicle registration details.
- If the property owner cannot be found, leave a written notice in a conspicuous location and contact the city police or highway patrol.
Failure to comply with these steps constitutes a misdemeanor hit-and-run. Importantly, this charge applies even if the driver is responsible for accidental damage, as fault or intent is not a factor.
VC 20002 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 in accordance with this subdivision does not affect the question of fault. The driver shall also immediately…."
Misdemeanor Hit-and-Run Penalties
In California, those convicted of a misdemeanor hit-and-run could face the following:
- Up to six months in county jail,
- Fines of up to $1,000 or both.
- Courts may also impose probation, restitution to the property owner, and additional community service obligations.
What is a Felony Hit-and-Run?
A felony hit-and-run is far more severe and applies when an accident results in serious physical injury or death and the driver fails to stop and fulfill their legal responsibilities. Under Vehicle Code 20001, a "serious injury" is defined as the loss or permanent impairment of a bodily function or organ.
To comply with the law after an accident involving injuries or fatalities, drivers must:
- Immediately stop at the scene.
- Provide their identifying information to victims or emergency responders.
- Offer reasonable assistance, which may include calling emergency services for medical help.
Neglecting these duties results in a felony charge, regardless of whether the driver is directly at fault 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
The penalties for felony hit-and-run are severe. Violators may face the following:
- State prison sentences ranging from two to four years,
- Fines between $1,000 and $10,000, or both.
- If the court determines that the accident caused permanent or life-altering injuries, the sentence may be enhanced. Additionally, drivers fleeing the scene after committing related offenses, such as DUI manslaughter, may face an additional five years in prison.
What are Related Laws?
California Vehicle Code 20003 VC is about the duties of a driver involved in an accident that results in injury or death.
VC 20003 says, "(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if any injured person requests transportation.
(b) Any driver or injured occupant of a driver's vehicle subject to the provisions of subdivision (a) shall also, upon being requested, exhibit his or her driver's license, if available, or, in the case of an injured occupant, any other available identification, to the person struck or to the driver or occupants of any vehicle collided with, and to any traffic or police officer at the scene of the accident."
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.
VC 2004 says, "In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003."
What are Defense Strategies for Hit-and-Run Charges?
Given the gravity of hit-and-run charges, especially felony offenses, it is vital to consult an experienced California criminal defense attorney if you're facing these charges. A skilled attorney may be able to mitigate the severity of the charges by employing several strategies. Common defenses may include:
- Lack of Knowledge: For both misdemeanor and felony hit-and-run, the prosecution must show that the driver knew, or reasonably should have known, that they were involved in an accident. If the driver can demonstrate they were unaware of the collision, it could affect the case's outcome.
- No Injury: In felony hit-and-run cases, proving that no serious injury or death occurred (or that the injury or death was not a result of the accident) could reduce the charge to a misdemeanor or dismiss it entirely. Medical evidence and accident reconstruction experts can assist in building this defense.
- Not the Driver: If the accused was not driving the car at the time of the accident, they cannot be held liable. Evidence like witness statements, video footage, or alibis may support this defense.
- Attempted Compliance: A defendant may argue that they made reasonable efforts to comply with the law, such as stopping to render aid or leaving their contact information, but were unable to follow all legal requirements due to unforeseen circumstances (e.g., unsafe traffic conditions).
For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.
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