Fleeing the scene of an accident in California can lead to serious legal consequences. The classification of a hit-and-run as a misdemeanor vs. felony depends on the details of the incident. California law differentiates between cases involving only property damage and those that result in injury or death. Understanding these distinctions is crucial if you are facing charges or need to protect your legal rights.
Making the determination of a misdemeanor vs. felony hit-and-run can be difficult. You should not have to navigate a complex legal system alone when dealing with these charges. At the Law Offices of Shawn M. George, APC, we have extensive experience helping clients charged with a hit and run and ensuring they have a strong defense to the case against them.
Misdemeanor Hit and Run in California
A hit-and-run is considered a misdemeanor when the only damage is to property. Failing to stop and provide the required information can lead to criminal charges even if no one is injured.
Under California law, leaving the scene of an accident without identifying yourself when only property damage occurs is a misdemeanor. This applies to situations where another vehicle, a parked car, or other property is damaged.
To secure a conviction for misdemeanor hit-and-run, prosecutors must prove that:
- You were involved in an accident;
- The crash resulted in property damage; and
- You failed to stop and provide the other party with your contact and insurance information or leave a note if the owner was absent.
Failure to meet these legal obligations can result in fines, jail time, and a criminal record that can affect one’s driving privileges and future opportunities.
Felony Hit and Run in California
When a hit-and-run results in injury or death, the legal consequences increase significantly. Failing to stop and provide assistance can result in felony charges, even if you were not responsible for the accident.
Fleeing the scene after an accident that causes injury or death is considered a felony under California law. Even if you were not at fault, failing to stop and provide aid or contact authorities can lead to felony charges.
For a felony conviction, the prosecution must establish the following:
- You were involved in an accident that caused injury or death;
- You were aware that the crash occurred; and
- You failed to stop, provide aid, or exchange necessary information with others involved.
A felony conviction carries severe penalties, including prison time, hefty fines, and long-term consequences for your criminal and driving record.
Penalties for a Hit-and-Run in California
Both misdemeanor and felony hit-and-run offenses carry severe consequences in California. A misdemeanor conviction may result in:
- A $1,000 fine,
- Up to six months in jail,
- Three years of probation, and
- Two points on your driving record.
A felony conviction carries:
- Fines up to $10,000,
- Up to four years in prison,
- License suspension, and
- Restitution.
A felony charge also creates a permanent criminal record, affecting employment and other opportunities. If the accident caused a fatality, vehicular manslaughter charges could increase penalties even further.
Legal Defenses Under California Hit and Run Laws
Defending against a hit-and-run charge requires a strong legal strategy. Under California hit-and-run laws, several defenses may be available depending on the specifics of the case.
You Were Unaware of the Accident
Not every accident is immediately noticeable. In some cases, drivers may not realize that a collision occurred, particularly in minor scrapes or low-impact incidents. California law requires prosecutors to prove that a driver knew or reasonably should have known about the accident. Charges may be reduced or dismissed if the prosecution cannot establish that you were aware of the collision. An attorney may use evidence such as lack of visible damage, witness statements, or video footage to support this defense.
You Were Not the Driver
A wrongful accusation can occur if someone else was operating your vehicle at the time of the accident. Law enforcement may assume the registered owner was driving, but that is not always true.
This defense is particularly strong if you can provide witness testimony, surveillance footage, alibi evidence, or proof that your vehicle was stolen. Additionally, if someone borrowed your car without permission or another driver falsely gave your name, an attorney can present this evidence to challenge the allegations against you.
You Stopped and Provided Information
Sometimes, misunderstandings occur, and a driver may have complied with the law but still face charges. California law requires drivers to stop at the scene, provide identifying information, and offer aid if needed. However, a police officer or witness may incorrectly assume you left without fulfilling these duties. Evidence such as phone records, dashcam footage, witness statements, or a police report can demonstrate that you stopped or attempted to report the incident.
An Emergency Required You to Leave
Certain emergencies may justify leaving the scene before exchanging information, such as:
- A medical emergency,
- Immediate threat to safety, or
- An urgent need to seek help.
For example, if you experienced a medical event, such as a heart attack, leaving the scene to seek medical attention may be reasonable. Similarly, fear for your safety due to road rage, an aggressive driver, or an unsafe environment may legally justify your.
Courts also consider whether you made a reasonable effort to report the accident as soon as possible. Providing medical records, 911 call logs, or witness statements can strengthen this defense and demonstrate that you did not intend to evade responsibility.
Speak with a California Hit-and-Run Defense Attorney Today
A hit-and-run charge in California can lead to serious consequences, regardless if it’s a misdemeanor or a felony. The penalties can be severe and leave a lasting criminal record. If you are facing hit-and-run allegations, you need an experienced defense attorney who understands the complexities of California’s traffic laws and knows how to fight for the best possible outcome in your case.
The Law Offices of Shawn M. George, APC, is committed to protecting your rights and building a strong defense. Whether you were unaware of the accident, misidentified as the driver, or had a justifiable reason for leaving the scene, we will work tirelessly to challenge the charges against you. Call us today to schedule a free consultation.