Hit and run is generally treated as a felony charge only if the accident caused an injury to another person. Leaving the scene of an accident that only causes property damage is usually treated as a misdemeanor.
In some states, the amount of property damage can also turn a misdemeanor hit and run into a felony. The severity of the injuries can increase the penalties of a conviction.
Is causing a hit and run accident a misdemeanor or a felony?
The distinction between a felony and a misdemeanor hit and run offense depends on the state. However, the hit and run laws in most states follow the general rule that:
- hit and run accidents that cause an injury are felonies, and
- hit and run accidents that only cause property damage are misdemeanors.
Many states use this distinction, including:
- Nevada,
- Arizona,
- Oregon, and
- Texas.
California
California is a state that draws the line at a serious bodily injury, instead.
The California laws that describe both felony hit and run and misdemeanor hit and run forbid drivers from willfully leaving the scene of a crash that they reasonably should have known had caused an injury or property damage. If the crash only caused property damage, it will be charged as a misdemeanor.1 If it caused an injury, it is
- a wobbler that can be charged as either
- a misdemeanor or
- as a felony.2
If the injury was a permanent and serious injury or a fatal one, it will almost always be prosecuted as a felony.3 If the injury was not fatal or serious, law enforcement can charge it as a misdemeanor.4
Colorado
Colorado is similar to California. There, it is a misdemeanor hit and run to leave the scene of a crash that produces property damage or a non-serious injury. It is only a felony offense if the accident caused a serious injury.5
Colorado is unlike California, though, in that it makes the crime a more severe type of felony if the accident caused a death.6 Convictions for a fatal hit and run in states like Colorado can carry more than a decade in prison.
Arizona
Finally, some states make hit and run a felony if there was an injury, or if the property damage was over a certain value.
Arkansas is an example. There, hit and run is a felony if it caused:
- an injury or death,7 or
- $10,000 or more in property damage.8
Related charges
Hit and run cases can be filed alongside other violations of the penal code, such as
When hit and run defendants are accused of a crime like this, it is even more important to establish an attorney-client relationship with a skilled criminal defense lawyer or hit and run lawyer and to get their legal advice on how to proceed.
What is a hit and run?
A hit and run is a car accident where the driver fled the scene of the crash. By fleeing the scene, the driver can deprive the injured victim of an important source of assistance. Fleeing the scene can also make it much more difficult for the victim or the owner of any damaged property to know who did it.
California
In California, a hit and run offense involves the following 4 “elements of the crime“:
- the defendant was the driver of a vehicle and was involved in a motor vehicle accident,
- the accident damaged someone else’s property or caused a personal injury to someone else,
- the defendant knew or should have known that they were involved in an accident that caused an injury or property damage, and
- the defendant willfully failed to immediately stop at the scene of the accident and provide the assistance or information that they were legally required to provide.9
That assistance depends on the severity of the crash. If there was only property damage, it may only require the driver to exchange information with the owner of the property, including the driver’s name and contact information.10
If someone was hurt, it requires providing reasonable assistance to the victim. It also requires providing more information about the driver, including the license plate number and vehicle registration.11
Failing to do this can lead to hit-and-run charges.
What if the driver hits a dog or a pet?
Dogs and other pets are generally considered to be the personal property of the owner. This means that hitting the animal amounts to property damage.
In some states, including California, leaving the scene of the accident with a pet would likely be a misdemeanor.12
In other states, like New York, it is only a traffic infraction.13
What are the penalties for a felony hit and run charge?
Felony hit and run charges are punishable with more than a year in prison. If the accident was a fatal one, the potential prison sentence can be far longer.
California
California is a state that does not distinguish between hit and run accidents that produce injuries and those that lead to fatalities. Instead, law enforcement has the discretion of pursuing felony or misdemeanor charges, based on the severity of the injury. If pursued as a felony, the potential penalties are:
- 2, 3, or 4 years in state prison, and/or
- a fine of between $1,000 and $10,000.14
Colorado
In states like Colorado that differentiate between hit and run crashes that hurt someone and those that kill someone, the difference in potential penalties can be considerable.
There, if the accident caused a serious injury, it is a class 4 felony that carries:
- between 2 and 6 years in prison, and/or
- a fine of at least $2,000 and up to $500,000.15
If the accident is a fatal one because the injured person dies, it is a class 3 felony that carries:
- between 4 and 12 years in prison, and/or
- a fine of between $3,000 and $750,000.16
DMV penalties
Felony hit and run convictions can also lead to
- a driver’s license suspension or even
- a revocation.
By hiring a criminal defense attorney from a local law firm with a track record of good case results, defendants can raise effective legal defenses and try to beat these serious criminal charges.
What are the penalties for a misdemeanor offense?
Misdemeanor hit and run charges carry less than a year of jail time.
California
In California, if the accident produced a non-serious injury and is charged as a misdemeanor by law enforcement, a conviction will carry:
- up to 1 year in prison or county jail, and/or
- between $1,000 and $10,000 in fines.17
If the accident only caused property damage, like if the driver hit a parked car, a conviction can carry up to:
- 6 months in jail, and/or
- $1,000 in fines.18
Even if it was just a misdemeanor, though, the impact of a hit and run on the driving record of the defendant can be significant. Insurance companies will also be able to see the incident and will likely charge the owner of the vehicle higher prices for car insurance.
Legal References:
- California Vehicle Code section 20002 VC. See, for example, People v. Dimacali (Court of Appeal of California, Fourth Appellate District, Division One, 2019) 32 Cal. App. 5th 822.
- California Vehicle Code 20001 VC. See, for example, People v. Nuno (Court of Appeal of California, Fourth Appellate District, Division One, 2018) 26 Cal. App. 5th 43.
- California Vehicle Code 20001 VC(b).
- Same.
- CRS 42-4-1601 – Hit and run with injury or death in Colorado. See, for example, People v. Hernandez, (Colo. 2010) 250 P.3d 568.
- CRS 42-4-1601(2).
- AR Code 27-53-101.
- AR Code 27-53-102.
- California Criminal Jury Instructions (CALCRIM) No. 2140 and 2150.
- CALCRIM 2150.
- CALCRIM 2140.
- See People v. Fimbres (Cal. App. 1930) 288 P. 19.
- See New York Vehicle and Traffic Law 601.
- California Vehicle Code 20001 VC(b)(2).
- CRS 18-1.3-401.
- Same.
- California Vehicle Code 20001 VC(b)(1).
- California Vehicle Code 20002 VC(c).
