is a hit and run a felony in california?
Leaving the scene of an accident is a serious crime in California and has several legal implications and other consequences as I will explain later in this article.
Hit and run crimes are not uncommon thing in the state of California. It’s estimated that around 150 people die yearly due to hit-and-run accidents in California. Doing simple math will tell that around 3 people die weekly as a result of these crimes.
In Los Angeles, it’s estimated that close to 50% of all reported auto accidents are hit-and-run accidents. The sad story is that, though most people lose their lives due to this crime, only 5% of the crimes are solved by police.
But is a hit-and-run a felony in California?
Well, in California, a hit and run resulting in injury or death is a felony. However, the prosecutor can reduce it to a misdemeanor based on specific circumstances I will explain later in this article.
Now what is a hit-and-run as far as California vehicle code is concerned? what are the potential penalties? and what should you do to defend yourself from this sentence? ready? here we go!
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What is the legal definition of a hit and run in California?
According to the California vehicle code, each driver has legal obligations to stop at the scene of an accident and fulfill the following:
- Exchange information- personal and car.
- Render help to the injured
- Report the accident to the traffic police.
Failure to stop at the scene of an accident implies the driver committed a hit and run crime, also known as leaving the scene of an accident charge. As I will explain later, the implications of this are severe and threatening.
What is the difference between a misdemeanor and a felony hit and run charge?
In California, a driver that leaves the scene of an accident faces 2 possible criminal charges, in addition to civil claims and other administrative punishments.
2 criminal charges of leaving the scene of an accident are;
1. Hit and run misdemeanor. The definition of this is a minor hit and run accident. According to the classification of hit-and-run accidents, a minor hit-and-run is an incident where the accident involves property damages.
For example. You will have committed a hit-and-run misdemeanor if you fled the accident scene involving things like car damages, damages to nearby housing, fencing, etc,
2. Hit and run felony. Some accidents result in injuries and deaths. A driver who flees the scene of such accidents commits a felony offense.
Compared to a misdemeanor, the penalties of a felony hit and run are so severe and worse compared to when the hit and run was a minor one.
is a hit and run a felony in california?
California Vehicle Code 20001 legally defines the crime of hit and run felony as “Any driver of a vehicle involved in a crash resulting in injury or death to someone else shall immediately stop at the scene of the accident and shall fulfill their legal requirements stated in Vehicle Code Sections 20003 and 20004”.
Yes. a hit and run is a felony in California but only when the accident involves injuries and or fatalities of victims.
Depending on other factors like your criminal history and other circumstances of the accident, the prosecutor could reduce the charge to a misdemeanor.
What are the penalties for a hit and run in California?
Alright. The penalties for a hit and run in California depend on the fact that you either committed a hit-and-run felony or a misdemeanor.
1. Hit and run felony. In California, a felony is the severe form of leaving the scene of an accident. It implies that there were injuries or fatalities.
Though there are variations in this charge, generally, the penalties of a felony hit and run in California include a prison sentence of between 16 months to 3 years, a fine of around $10,000, restitution for the damage caused, and potential probation.
2. Hit and run misdemeanor. As I already explained, this is the minor form of the hit and run crime across the USA.
Though this also has some variations, The penalties for a misdemeanor hit and run can include up to six months in county jail, a fine of up to $1,000, restitution for the damage caused, and two points on the driver’s license.
what are the defenses for a hit and run charge in California?
There are several defenses you can use if you are accused of a hit and run crime in California. But, remember, every case is unique and therefore may require different tactics.
Here are some common defenses for hit and run charges in California:
1. You were not the driver. If you can prove that you were not the driver of the car at that time, the charges could be dropped or dismissed. Probably your car could have been stolen or someone else was driving it.
However, if someone else was driving your car and caused an accident, you may also face civil actions. The victim has a right to sue both the driver and owner of the car to recover his/her losses/damages.
2. You did not willfully leave the scene. To be convicted of a hit and run crime, the prosecutor must prove beyond reasonable doubt that you willfully left the scene of an accident.
Your charges could be dropped if you prove to the jury that you had a valid reason for fleeing the scene. For instance, you left to seek emergency medical services, or the other driver threatened your life, etc,
3. You did not willfully fail to exchange information. You could have exchanged the information with the other driver only for him to deny it.
Your charges will be dropped if you prove you exchanged information, or at least you tried to share as much information as possible.
4. Lack of evidence. Prosecutors must prove that there was damage to the property or must prove beyond reasonable doubt that the victim suffered injuries in the same accident.
Failure to produce the evidence above could positively swing the situation towards your side. Your lawyer could take advantage of this situation and cause the dismissal of your charges.
in short, the defenses for hit and run charges in California, include not being the driver, lack of awareness, and being forced to leave the scene.
How do you beat a hit and run charge in California?
Yes, you can beat a hit-and-run charge in California but you will need to act smart. What you choose to do right at the scene of an accident, and soon after seek advice from a hit and run lawyer.
I already outlined the possible defenses you could use to beat a hit and run case in California. But believe me or not, it’s going to be hard for you to beat this crime unless you hire a criminal defense attorney.
A criminal defense lawyer can use ‘your lack of knowledge’, no damage or injury, mistaken identity, emergency, duress, negotiation, or challenging evidence to beat a hit and run charge in California.
Conclusion.
Yes, a hit and run in California can be charged as a felony or a misdemeanor. The charges pressed against you will depend on factors like; the outcomes of the accident, past criminal history, and other circumstances of the accident.
A hit and run is a felony in California if the accident involves injuries and or fatalities. On the same note, the hit and run will be a misdemeanor if the accident involved only property damages.
Sources.
1. Vehicle Code – California Legislative Information – CA.gov. leginfo. https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=VEH&tocTitle=+Vehicle+Code+-+VEH
2. Jessica, Gillespie. (23-dec – 2022). Hit-and-Run Criminal Charges and Conviction Penalties. nolo. https://www.nolo.com/legal-encyclopedia/hit-run-charges.html
3. (Dec, 2021). Felony Hit and Run Law | California Vehicle Code 20001. goldsteinlawgroup. https://goldsteinlawgroup.com/practice-areas/felony-hit-and-run-california-vehicle-code-20001/
4. CALIFORNIA VEHICLE CODE § 20002 – HIT AND RUN. kannlawoffice. https://www.kannlawoffice.com/hit-and-run#:~:text=As%20a%20misdemeanor%2C%20hit%20and,on%20a%20California%20driving%20record.
