What Are California’s Hit and Run Laws?

Under California Vehicle Code Sections 20001 and 20002, drivers involved in an accident have a legal obligation to stop at the scene, exchange information, and provide assistance if necessary. Failing to do so is considered a hit and run offense and can lead to misdemeanor or felony charges depending on the circumstances of the accident, including whether there was property damage, injury, or death.

Misdemeanor Hit and Run (Vehicle Code 20002 VC)

A misdemeanor hit and run involves property damage only and applies when a driver leaves the scene without providing their name, address, driver’s license, and vehicle registration to the other party. Even if you are not at fault for the accident, failing to remain at the scene and exchange information is a violation of California law.

Felony Hit and Run (Vehicle Code 20001 VC)

A felony hit and run involves injury or death to another person. This charge can be filed even if you were not responsible for causing the accident. The law requires drivers to stop, provide their identifying information, render reasonable assistance to injured parties, and report the accident to law enforcement. Failing to meet these requirements can result in felony charges and severe penalties.

Legal Obligation to Stay at the Scene of an Accident

California law imposes strict requirements for drivers involved in an accident. The prosecution must prove certain elements of the offense beyond a reasonable doubt to secure a conviction. These obligations include:

1. Stopping at the Scene: Drivers must stop their vehicle immediately at or near the accident site.
2. Providing Information: Drivers are required to provide their name, address, driver’s license, vehicle registration, and the name of the vehicle owner to the other party or law enforcement.
3. Rendering Assistance: If anyone is injured, drivers must provide reasonable assistance, such as calling emergency services or transporting the injured person for medical care.
4. Reporting to Law Enforcement: If the accident involves injury, death, or significant property damage, the driver must report the accident to law enforcement as soon as possible.

What Must the Prosecutor Prove for a Hit and Run Conviction?

To secure a conviction for a hit and run offense under California Vehicle Code 20001 (felony) or 20002 (misdemeanor), the prosecutor must prove each element of the crime beyond a reasonable doubt as outlined in CALCRIM 2140. These elements include:

1. You were involved in an accident while driving a vehicle.
2. The accident resulted in:
   • Injury or death to another person (for felony charges), or
   • Property damage (for misdemeanor charges).
3. You knew, or reasonably should have known, that:
   • The accident caused injury, death, or property damage, and
   • You had a legal duty to stop and fulfill your obligations under the law.
4. You willfully failed to do any of the following:
   • Stop immediately at the scene of the accident, or
   • Provide your name, address, vehicle registration number, and driver’s license information to the other party or law enforcement, or
   • Offer reasonable assistance to any injured persons, such as calling emergency services, or
   • Report the accident to law enforcement if required by law.

The term “willfully” means that you acted on purpose. It does not require that you intended to break the law or cause harm—only that your actions were intentional. Failure to prove any one of these elements can result in a not guilty verdict.

This is why a knowledgeable Los Angeles hit and run attorney can make a significant difference by challenging the prosecution’s evidence and highlighting any weaknesses in their case.

Penalties for Hit and Run in California

Penalties for Misdemeanor Hit and Run

• Up to 6 months in county jail.
• Fines of up to $1,000, plus restitution for property damage.
• Probation and a possible criminal record.

Penalties for Felony Hit and Run

• 2 to 4 years in state prison.
• Fines of up to $10,000.
• Restitution to the injured party for medical bills and other damages.
• Mandatory suspension or revocation of your driver’s license.

Additional Consequences, Including License Suspension

Beyond criminal penalties, the California Department of Motor Vehicles (DMV) may suspend or revoke your license, even for misdemeanor offenses. A hit and run conviction can also affect your auto insurance rates and make it difficult to secure affordable coverage in the future.

Legal Defenses for Hit and Run Charges

Defending against hit and run charges often involves demonstrating that you did not meet the elements of the offense as required under California law. Several defenses focus on showing that your actions were not willful or that the circumstances of your case do not justify a conviction.

One of the most common defenses is lack of knowledge. To secure a conviction, the prosecution must prove that you knew, or reasonably should have known, that an accident occurred. If the collision was so minor that you had no reasonable way of knowing it happened, this element of the offense cannot be proven. For example, if you unknowingly brushed against another car while parking, it may be argued that you were unaware of the contact.

Another defense is the absence of property damage or injury. Under California law, a hit and run charge requires proof of actual harm, whether to property or a person. If no injury occurred or the property damage was negligible, your attorney can argue that the charges should be reduced or dismissed entirely. Without evidence of harm, the prosecution cannot meet its burden of proof.

Lastly, the defense of mistaken identity can play a critical role in hit and run cases. Often, law enforcement identifies the vehicle involved in the accident but not the driver. The prosecution must prove beyond a reasonable doubt that you were the person operating the vehicle at the time of the incident. For example, if you lent your car to someone else or your car was stolen, you may argue that you were not driving and, therefore, cannot be held responsible for the alleged hit and run.

By focusing on these defenses, an experienced Los Angeles hit and run attorney can challenge the prosecution’s evidence, advocate for a reduction or dismissal of charges, and work tirelessly to protect your rights and future.

How Our Los Angeles Hit and Run Attorney Can Help

Hit and run cases often involve complex processes, including both criminal court proceedings and DMV hearings. We will handle every aspect of your case—from filing paperwork on time to thoroughly reviewing evidence. Our goal is to ensure no procedural errors jeopardize your defense while building a strong case on your behalf. Attorney Hashemi will work to negotiate with prosecutors to reduce felony charges to misdemeanors, avoid jail time, and explore sentencing alternatives like probation or restitution. If possible, we will present evidence to challenge the prosecution’s case and seek a full dismissal of the charges.

Contact a Los Angeles Hit and Run Attorney to Discuss Your Case

If you are facing misdemeanor or felony hit and run charges in Los Angeles, the potential consequences can be life-changing. At The Law Offices of Arash Hashemi, we have been successfully defending clients against serious criminal charges, including hit and run cases, for over 20 years. Our Los Angeles criminal defense attorney understands the complexities of California’s hit and run laws and knows how to build a strong defense tailored to your unique circumstances.

When you choose our firm, Attorney Hashemi will personally review every detail of your case, examine the evidence presented by the prosecution, and identify weaknesses in their arguments. Whether we’re negotiating for reduced charges, seeking a dismissal, or representing you in court, our goal is to minimize the impact of these charges and protect your rights, reputation, and future.

Don’t wait—time is crucial in building a solid defense. Contact our hit and run defense attorney in Los Angeles today for a free consultation to take the first step toward safeguarding your rights and achieving the best possible outcome for your case.

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