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

When you commit 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 you commit a hit and run crime when you:

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.

Legal defenses to hit and run

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 you to stop,
• you were falsely accused, and/or
• you did in fact stop after an accident.

Penalties for hit and run

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 you with this crime.

Felony charges are typically filed if you are involved in a hit and run accident resulting in death or bodily injury/serious injury to someone. 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 your driver’s license suspension.

Prosecutors normally must bring felony charges against you 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 you commit this offense when you:

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

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

• your driver’s license number and license plate number (if requested),
• your contact information,
• the contact information of the owner of the vehicle (if you are not the true owner), and
• the name of the company that provides your insurance policy (if requested).²

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

Also, keep in mind that you can be guilty of this offense even if you were not at fault for causing an accident.

Hitting unattended property

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

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

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

Note that it is critical 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. Your defense lawyer can work with the injury attorney to help serve your best interests.

What is the law in California?

California law recognizes both misdemeanor and felony hit and run.

Misdemeanor hit and run laws

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

This statute makes it a crime to flee the scene of an accident, without stopping and providing their information, when the accident caused damage to other vehicles or property.³

A violation of VC 20002 is punishable by:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.⁴

Felony hit and run laws

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.⁵

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 $10,000.⁶

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 $10,000.⁷

Statute of limitations for criminal charges

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.⁸

Additional reading

For more in-depth information, refer to these scholarly articles:

• Theorizing hit-and-run: A study of driver decision-making processes after a road traffic collision – Criminology & Criminal Justice.
• Is a Hit-and-Wait Really Any Better than a Hit-and-Run? – Hofstra Law Review.
• The Impact of Moral Panic on the Criminal Justice System: Hit-and-run Traffic Offenses as a Case Study – New Criminal Law Review.
• California v. Byers: Hit-and-Run Statutes and the Privilege against Self-Incrimination – Brooklyn Law Review.
• Hit the bottle and run: The role of alcohol in hit-and-run pedestrian fatalities – Journal of Studies on Alcohol and Drugs.

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Legal References