Hit and run with only property damage – is it less serious?

Posted on January 28, 2021

When a person commits a hit and run that causes only property damage, the crime is considered less serious than when it causes injury or death. Hit and run cases with only property damage are charged as misdemeanor offenses. However, hit and run with bodily injury or death is charged as a felony.

Misdemeanor hit and run is typically punishable by up to one year in jail time. Felony hit and run, though, can lead to significant time in prison – perhaps up to 20 years in some jurisdictions depending on the facts of the case.

Most state laws say that motorists commit a hit and run crime when they:

1. are involved in a car accident or collision, and
2. are guilty of leaving the scene of the accident without providing any contact information and/or reasonable assistance to an injured person.

Note that criminal defense attorneys use a few common legal defenses to challenge these types of criminal charges. For example, a law firm might assert that:

• it was unsafe for the defendant to stop,
• the defendant was falsely accused, and/or
• the defendant did in fact stop after an accident.

Is a hit and run with only property damage a less serious offense?

The crime is less serious when compared with a hit-and-run accident that involves a personal injury or death.

Most jurisdictions charge hit-and-run crashes with only property damage as misdemeanor offenses. The penalties usually include:

• confinement in jail for up to one year, and/or
• substantial fines (usually around $1,000).

Note that prosecutors typically have up to one year, after the date of a vehicle accident, to charge a driver with this crime.

Felony charges are typically filed against hit-and-run drivers if they are involved in a hit and run accident resulting in:

• bodily injury/serious injury to someone, or
• death.

The penalties for this offense may include:

• substantial prison time (perhaps as steep as 20 years), and/or
• substantial fines (possibly up to $10,000).

The above penalties can grow harsher if the hit and run was committed along with other crimes (for example, DUI).

Note, too, that felony hit and run will typically result in a driver’s license suspension.

Prosecutors normally must bring felony charges against the driver of a motor vehicle within three years from the date of the accident.

What is the crime of hit and run?

Most state hit and run laws say that drivers commit this offense when they:

1. get involved in an auto accident or collision, and
2. leave the scene without providing certain information or reasonable medical assistance.[i]

With regards to providing information, most jurisdictions say that drivers must present the following after they get involved in an accident:

• their driver’s license number and license plate number (if requested),
• their contact information,
• the contact information of the owner of the vehicle (if they are not the true owner), and
• the name of the company that provides their insurance policy (if requested).[ii]

If a motorist hits an unattended vehicle or a parked car, then the driver should leave a note in a conspicuous place at the scene with:

• pertinent contact information, and
• an explanation of what happened.

Note that most jurisdictions say that drivers are only guilty of this offense if they knew that they caused or were involved in an accident.

Also, keep in mind that a person can be guilty of this offense even if he/she was not at fault for causing an accident.

Are there legal defenses to hit and run charges?

Yes. Criminal defense attorneys often draw upon several legal strategies to challenge hit and run allegations. Some of the most common include the lawyer saying that:

1. it was unsafe for the accused to stop (for example, there was no room for the driver to pull over),
2. a witness falsely accused a defendant when giving a statement to a police officer or law enforcement personnel, and/or
3. the defendant did in fact stop after an accident.

Note that it is critical for a person accused of a hit and run crime to speak with a skilled defense lawyer. Most attorneys provide a free consultation and will provide legal advice on what the best legal defense is for a given case.

Note too that if a hit and run accident causes injury to someone, the injured party will likely hire a personal injury attorney. An accused’s defense lawyer can work with the injury attorney to help serve the accused’s best interests.

What is the law in California?

California law recognizes both misdemeanor and felony hit and run.

Vehicle Code 20002 VC is the state law on misdemeanor hit and run.

This statute makes it a crime for a driver to flee the scene of an accident, without stopping and providing his/her information, when the accident caused damage to other vehicles or property.[iii]

A violation of VC 20002 is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.[iv]

Vehicle Code 20001 VC is the state law on felony hit and run.

This code section makes it a crime for a person to flee the scene of a car accident in which another person has been injured or killed.[v]

A violation of VC 20001 is a wobbler offense, meaning that a prosecutor can charge the offense as either a misdemeanor or a felony.

If charged as a misdemeanor, the crime is punishable by:

• jail time of up to one year, and/or
• a maximum fine between $1,000 and $10,000.[vi]

If charged as a felony, the offense is punishable by:

• imprisonment in state prison for up to four years, and/or
• a maximum fine between $1,000 and $10,000.[vii]

Unlike many jurisdictions, California law says that prosecutors must file hit and run charges within six years of the date of the accident. This time period applies to both misdemeanor and felony cases.[viii]

[i] Black’s Law Dictionary, Sixth Edition – “Hit and Run.”

[ii] See same.

[iii] California Vehicle Code 20002 VC.

[iv] See same.

[v] California Vehicle Code 20001 VC.

[vi] See same.

[vii] See same.

[viii] California Assembly Bill 184 AB.