In California, the criminal statute of limitations for the crime of hit and run depends on whether there was a serious injury. If there was a serious injury, the statute of limitations is 6 years. If there were no injuries, it is 1 year. If the injury was not serious, it is 3 years. This is how long prosecutors have to file charges.
| Statute of limitations | |
| There was a serious injury | Up to 6 years to file charges |
| There was an injury but it was not serious | 3 years to file charges |
| There were no injuries | 1 year to file charges |
Criminal statute of limitations
A criminal statute of limitations is how long prosecutors have to file criminal charges after the alleged crime takes place.
Typically, the criminal statute of limitations in California is:
- 1 year for misdemeanors and infractions,[1] and
- 3 years for most felonies.[2]
However, there is no criminal statute of limitations for serious offenses like rape or murder. Prosecutors can file these charges at any time.
The criminal statute of limitations only begins once the crime was discovered or reasonably should have been discovered. This is the discovery rule.[3] The time limit can also be extended for up to 3 years if the suspect moves outside the state of California.[4]
Criminal statutes of limitations exist for two reasons:
- they make prosecutors act quickly, before evidence is lost and memories of what happened fade, and
- they give many potential defendants the ability to rest assured that they will not be charged for something that allegedly happened long ago.
California hit-and-run charges
California has two types of criminal offenses for hit-and-run:
- misdemeanor hit-and-run, in which there was property damage but no injuries,[5] and
- felony hit-and-run, in which someone got hurt or killed.[6]
Both of these offenses involve willfully leaving the scene of an accident without identifying yourself or leaving your contact information, knowing that someone was hurt or that there was property damage. Our criminal defense lawyers often make a point of noting that neither offense requires you to be at fault for the crash. All that matters is that you fled the scene of the accident.
California state law has a statute of limitations that exists solely for hit-and-run accidents that cause serious injuries. According to this law, Assembly Bill 184:
“This bill would provide that, notwithstanding any other limitation of time specified, if a person flees the scene of an accident that has caused death or permanent, serious injury, charges may be brought either one or 3 years after the completion of the offense, as specified, or one year after the person is initially identified as a suspect in the commission of the offense, whichever is later, but in no case later than 6 years after the commission of the offense.”[7]
Before this law passed in 2014, the statute of limitations was 3 years for felony hit-and-runs and 1 year for misdemeanor hit-and-run cases. This time limit proved too short for law enforcement to identify hit-and-run drivers and initiate criminal cases against them.
Now, prosecutors have 6 years to file criminal charges for hit-and-run if the victim suffered a “permanent, serious injury.” An injury is permanent and serious if there is a loss or a permanent impairment of the function of a bodily member or organ.[8]
If the statute of limitations has expired when prosecutors file charges, you can file a motion to dismiss the case.
Penalties for a conviction
The penalties for a conviction for leaving the scene of an auto accident also depends on whether there were injuries or not, as well as how bad they were. There are also other collateral consequences of a conviction for hit-and-run.
Criminal penalties
Misdemeanor hit-and-run convictions are for accidents that only cause property damage. If convicted, you could face up to:
- 6 months in county jail, and/or
- $1,000 in fines.
Felony hit-and-run cases involve injuries. These offenses are wobblers. The prosecutor can file either felony charges or misdemeanor charges.
If charged as a misdemeanor, a conviction carries up to:
- 1 year in county jail, and/or
- between $1,000 and $10,000 in fines.
If charged as a felony, you could face:
- 16 months to 3 years in county jail, and/or
- between $1,000 and $10,000 in fines.
If the injuries from the accident were serious or fatal, you could face 2 to 4 years in state prison.
Collateral consequences
In addition to fines and jail time, you could also face other negative consequences after a hit-and-run conviction. These include:
- the Department of Motor Vehicles (DMV) adding points to your driving record, which can lead to a driver’s license suspension,
- the victim of the motor vehicle accident taking legal action against you by filing an insurance claim or a personal injury lawsuit,
- your insurance company increasing your car insurance premiums, and
- losing the ability to drive professionally due to the hit-and-run incident on your record.
In some cases, these collateral consequences prove to be more of a problem than the legal repercussions.
Civil statute of limitations for hit-and-run accidents
There is a different statute of limitations for civil claims involving a hit-and-run. The civil statute of limitations for hit-and-run accidents is 2 years. This means that, if you were hit by a driver who then fled the scene, you have 2 years to file a lawsuit against them.[9] This includes personal injury cases involving wrongful death.
It is important to understand the difference between the civil and criminal statutes of limitation. The personal injury lawyers at our law firm have found that some people have heard of the new California law that lengthened the criminal statute of limitations and then waited too long to file their lawsuit after a hit-and-run car accident. They thought that they had more time to find a car accident lawyer and file their injury claim against the motorist that hurt them.
Legal Citations:
[1] California Penal Code 802 PC.
[2] California Penal Code 801 PC.
[3] California Penal Code 803(c) PC.
[4] California Penal Code 803(d) PC.
[5] California Vehicle Code 20002 VC.
[6] California Vehicle Code 20001 VC.
[7] California Assembly Bill 184 (2014).
[8] California Vehicle Code 20001(d) VC.
[9] California Code of Civil Procedure 335.1 CCP.
