Is Hit and Run a Felony?
Is Hit and Run a Felony?
Is hit and run a felony in California? The answer depends on the specific circumstances of the case. In California, hit-and-run offenses can be charged as either misdemeanors or felonies, with the severity of the charge determined by factors such as property damage, injury, or death.
If you’re facing hit-and-run charges, it’s crucial to understand the legal definition, penalties, and potential defenses for these crimes.
In this article, we’ll explore the nuances of California’s hit-and-run laws, focusing on felony hit-and-run charges under Vehicle Code 20001. We’ll also provide insights on how to protect your rights and navigate the legal system with the help of an experienced attorney.
What is a hit and run accident?
A hit-and-run accident occurs when a driver hits another vehicle, property, or person and then leaves the scene without providing their contact and insurance information or rendering aid to anyone who may be injured.
In simple terms, it’s when someone causes an accident and then flees the scene without taking responsibility for their actions.
Hit and Run Charges in California
In California, hit-and-run charges can be filed as either a misdemeanor or a felony, depending on the circumstances of the incident. The severity of the charges largely depends on whether the accident resulted in property damage only or if someone was injured or killed.
Felony Hit and Run California
Felony hit-and-run charges in California are governed by Vehicle Code 20001 VC. You may face felony charges if you leave the scene of an accident that results in injury or death to another person. The penalties for a felony hit-and-run conviction can include:
- Up to 4 years in state prison
- Fines up to $10,000
- Restitution to the victim(s)
- 2 points on your driving record
To convict you of felony hit and run, the prosecution must prove that you knew or reasonably should have known that another person was injured or killed in the accident and that you willfully failed to stop and provide your information or render aid.
Request a Free Consultation
Misdemeanor Hit and Run California
Misdemeanor hit-and-run charges in California are covered under Vehicle Code 20002 VC. You may face misdemeanor charges if you leave the scene of an accident that only damages someone else’s property, such as their vehicle or a fence. The penalties for a misdemeanor hit-and-run conviction can include:
- Up to 6 months in county jail
- Fines up to $1,000
- Restitution to the property owner
- 2 points on your driving record
To convict you of misdemeanor hit and run, the prosecution must prove that you knew you were involved in an accident that caused property damage and that you willfully failed to stop and provide your information to the owner or leave a note with your information if the owner wasn’t present.
California Vehicle Code 20001 – Felony Hit and Run
California Vehicle Code 20001 covers the serious crime of felony hit and run. This section of the law applies when a driver is involved in an accident that causes injury or death to another person and then leaves the scene without fulfilling their legal obligations. It’s important to understand that while the term “felony hit and run” suggests this offense is always a felony, it can sometimes be reduced to a misdemeanor, depending on the circumstances.
20001 CVC: Elements of a Felony Hit and Run Crime
To convict you of a felony hit and run under California Vehicle Code 20001, the prosecutor must prove several key elements of the crime. These include:
- You were driving a vehicle and involved in an accident
- The accident caused injury or death to another person
- You knew you were involved in an accident that caused injury or death
- You willfully failed to fulfill your legal duties after the accident, such as providing identification and rendering aid
It’s worth noting that being “involved” in an accident doesn’t necessarily mean you made direct contact with another vehicle. It simply means there is a direct connection between your actions and the collision.
Legal Definition of Felony Hit and Run
Under California law, a felony hit and run occurs when a driver is involved in an accident that causes injury or death to another person and then leaves the scene without providing identification, rendering aid, or contacting law enforcement (when necessary).
The key factor that distinguishes a felony hit and run from a misdemeanor is the presence of injury or death rather than just property damage.
Your Duties After an Accident
You have clear legal obligations if you’re involved in a traffic accident that results in injury or death. Stop immediately at the scene and provide your identification to the other party and any police officers present. Failure to do so can lead to serious criminal charges, regardless of who was at fault.
You must also provide reasonable assistance to anyone injured, helping them get medical attention. If requested, show your driver’s license to the other party. If someone dies in the accident, you must immediately call law enforcement.
Remember, these duties apply to any accident causing injury or death, no matter who caused it or how minor the injuries seem. Don’t assume you can leave just because you weren’t at fault. Comply with the law to avoid felony hit-and-run charges.
Related Offenses for Felony Hit and Run
In addition to felony hit-and-run charges under Vehicle Code 20001, you should be aware of other related offenses. These offenses can sometimes be charged in conjunction with or as an alternative to felony hit and run, depending on the circumstances of your case.
California Vehicle Code § 20002 – Hit and Run
One of the most closely related offenses to felony hit-and-run is misdemeanor hit-and-run, which is covered under California Vehicle Code 20002. This section of the law applies to accidents that result in damage to property only rather than injury or death to another person.
Definition of hit and run under Vehicle Code § 20002
Under Vehicle Code 20002, a misdemeanor hit and run occurs when a driver is involved in an accident that causes damage to someone else’s property and then leaves the scene without providing their contact and insurance information to the owner or leaving a note with this information if the owner is not present. This can include damage to another vehicle, a fence, a mailbox, or any other property.
As Seen On
Legal Defenses for Felony Hit and Run Charges
If you’re facing felony hit-and-run charges in California, it’s important to know that you have legal defense options. The specific defense strategy that may work best in your case will depend on the incident’s unique circumstances. However, some common defenses against felony hit-and-run charges include lack of knowledge, unwillful leaving of the scene, and being the only party injured.
Fighting VC 20001 Felony Hit and Run Charges
To effectively fight felony hit and run charges under California Vehicle Code 20001, your attorney may employ one or more of the following strategies:
- Arguing lack of knowledge: If you can demonstrate that you were unaware of your involvement in the collision or didn’t know that anyone was injured, you may be able to avoid a conviction. This defense could apply if your vehicle wasn’t directly involved in the crash if you were driving a large vehicle and didn’t feel the impact with a smaller one, or if you knew about the accident but reasonably believed no one was hurt.
- Showing that leaving the scene wasn’t willful: In some situations, your attorney may argue that you didn’t leave the scene willfully. For example, this defense might apply if it was unsafe to remain at the location or if you had a genuine emergency that required you to leave immediately.
Proving you were the only party injured: Under VC 20001, your legal duties apply when another person, not just yourself, sustains an injury. If your lawyer can show that you were the only one hurt in the accident, you should not be convicted of felony hit and run.
Remember, these are just a few examples of potential defenses. An experienced hit-and-run defense lawyer will be able to assess your case and determine the most effective strategy for your specific situation.
Contact Huff Legal Hit and Run Lawyer for Help
If you’re facing felony hit-and-run charges in California, don’t face the legal system alone. The experienced attorneys at Huff Legal are here to help protect your rights and fight for the best possible outcome in your case.
At Huff Legal, we understand the stress and uncertainty that come with criminal charges. Our team of skilled lawyers has extensive experience defending clients against felony hit-and-run accusations. We’ll thoroughly investigate your case, explore all possible defenses, and work tirelessly to achieve your most favorable result.
Call Huff Legal now at (510) 210-1727 or visit our website to schedule your free consultation. Your future is too important to leave to chance—let Huff Legal fight for you.
What Clients Say About Us
Schedule Your Free Consultation Today
LET HUFF HELP YOU
As a former police officer and patrol supervisor and his time spent as a United States District Court Judicial Law Clerk to the Chief Judge, Attorney Huff knows how to navigate all levels of the complex criminal law system. We also have more than 55 years of combined experience dealing with various complex criminal legal matters and have helped just over 1,500 clients over the past few years.
Why Huff Is Your Best Option For Criminal Defense
55+ Years of Combined Experience
At Huff Legal, we have more than 55 years of combined experience dealing with complex criminal legal matters, which can oftentimes be quite challenging. In order to get the outcome you deserve, you need a team of experienced attorneys on your side, who can help you navigate the legal system, so you can move past this situation and focus on the life ahead of you!
5 Star Rating on Google
We have a proven track record of success and are dedicated to our clients’ best interests. If you’re looking for a law firm that will always have your back, look no further than Huff Legal. Just have a look at some of our amazing client reviews over here!
1,500+ Happy Clients
Over the years, we’ve had the privilege of helping over 1,500 clients with their legal needs. When you work with us, you can be confident that you’re getting the best possible legal representation. We’re proud of our track record and our reputation for being a firm that delivers great results.
What Our Clients Say About Us
Sheila
Abel Resendiz
Manuela Frazier
Doris
Contact Huff Today
Request A Free Consultation
* Free consultations only available for Criminal Defense
In legal terms, an accessory to murder refers to an individual who aids, abets, or otherwise assists in committing a murder. While the specifics may vary across jurisdictions, California law treats accessories to murder as active participants in the crime, holding them accountable for their actions. In San Francisco Bay Area, there are two primary types of accessories to murder:
In the event that you find yourself in the Bay Area facing accessory to murder charges, you should first call a criminal defense attorney who can help you defend your rights and lessen the effects of the investigation. Contact an attorney at Huff Legal as soon as possible following your arrest. An accomplished attorney from Huff Legal will thoroughly examine your case, who will then develop a strategy and build a defense.