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Attorney Seth Morris

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Written by Attorney Seth Morris

 

Getting into a car accident is stressful enough—but if you left the scene, even for a moment, you could now be facing serious criminal charges. In California, hit and run offenses are taken very seriously, and the consequences can follow you for years.

What Is Considered a Hit and Run in California?

Under California law, a hit and run occurs when a driver involved in a crash leaves the scene without stopping to provide their name, contact details, and vehicle information. This applies whether the accident caused property damage or injury.

There are two main statutes that address hit and run offenses:

  1. California Vehicle Code § 20002 – Covers misdemeanor hit and run involving only property damage.
  2. California Vehicle Code § 20001 – Covers felony hit and run when someone is injured or killed.

Even if you didn’t cause the crash, leaving the scene without fulfilling your legal duties can still lead to criminal charges.

Your Legal Responsibilities After an Accident

If you’re involved in a car accident in California, you’re legally required to:

  • Stop immediately at the scene (or as close as safely possible)
  • Provide your name, address, and vehicle registration number
  • Show your driver’s license upon request
  • Offer reasonable assistance to anyone who was injured (e.g., calling 911)

Failing to do any of these things may lead to a hit and run charge—even if no one was seriously hurt.

Penalties and Consequences of a Hit and Run Charge in CA

Misdemeanor Hit and Run – Property Damage Only (Vehicle Code § 20002)

If no one was injured and only property was damaged (like another car, a mailbox, or a fence), you could be charged with a misdemeanor hit and run.

Possible penalties include up to 6 months in county jail, fines of up to $1,000, three years of informal probation, and restitution for damaged property. You could also receive two points on your driving record , which may increase your insurance rates.

Felony Hit and Run – Injury or Death (Vehicle Code § 20001)

If the accident caused injury or death and you left the scene without helping or giving your information, you could face felony charges—even if the crash wasn’t your fault.

Penalties may include fines between $1,000 and $10,000, and up to one year in county jail for misdemeanor-level injuries. For felony charges involve injury, you could face 16 months to 3 years in state prison for a felony charge involving injury. If the crash caused serious bodily injury or death, you could face 2 to 4 years.

You could also face a possible driver’s license suspension or revocation. The key difference between a misdemeanor and felony charge usually comes down to whether someone was physically harmed in the crash. If there’s even minor injury and you leave the scene, prosecutors can pursue felony charges.

Additional Consequences of a Hit and Run in CA

A criminal conviction for hit and run can affect your life in ways that go beyond jail time or fines:

  • Higher insurance premiums or canceled coverage
  • Civil lawsuits from injured parties
  • Difficulty finding employment, especially for jobs that require driving
  • A permanent mark on your criminal record

Even a single mistake—like panicking and driving away—can cause long-term damage if not handled carefully.

Defenses to Hit and Run Charges in California

Not every hit and run accusation leads to a conviction. A skilled criminal defense lawyer can explore several legal defenses depending on the facts:

  • You didn’t realize an accident occurred – If there was only minor contact or noise, it’s possible you didn’t know you hit something.
  • No damage or injury actually happened – If prosecutors can’t prove there was damage or injury, there’s no crime.
  • You weren’t the driver – If someone else was using your vehicle, they may be responsible.
  • Emergency circumstances – If you left the scene to get help or because it was unsafe to stay, that could be a valid defense.

An attorney can investigate these angles and work to have the charges reduced or dismissed.

How a California Criminal Defense Lawyer Can Help

If you’re facing hit and run charges in California, working with a criminal defense lawyer can make a significant difference in the outcome of your case. An experienced attorney will evaluate the evidence, identify possible defenses, and ensure your rights are protected throughout the legal process. They can negotiate with prosecutors for reduced charges or alternative sentencing, especially in cases involving minor damage or no prior criminal history.

A lawyer may also help you take early steps, such as paying restitution, which can improve your chances of a favorable resolution. Most importantly, your lawyer will represent you in court and fight for the best possible outcome, whether that means reduced penalties, dismissal of charges, or avoiding a criminal conviction altogether.

What to Do If You’re Charged with a Hit and Run in California

If you’re accused of fleeing the scene of an accident, take these steps right away:

  1. Do not talk to the police without a lawyer present. Anything you say can be used against you.
  2. Contact a criminal defense attorney who handles hit and run cases.
  3. Do not contact the other party or try to handle the situation privately—this could hurt your case.
  4. Start gathering evidence, such as dashcam footage or names of witnesses, if available.

Time is critical. The sooner you contact a lawyer, the more options you’ll have for building a strong defense.

Call a California Criminal Defense Lawyer About Your Hit and Run

A hit and run charge can lead to jail time, fines, and a criminal record—but it doesn’t have to. With the right legal help, you may be able to reduce the charges or avoid a conviction altogether.

If you’re facing a misdemeanor or felony hit and run in California, contact a criminal defense attorney with Morris Law as soon as possible to discuss your next steps.

Call (510) 225-9955 or contact us today to schedule a consultation.