Hit & Run in California

A hit and run in California can also be charged as a felony under California Vehicle Code Section 20001 VC, if:

• There has been a failure to exchange information
• Another person has been injured.

What this means is that if you are in an accident where another person has been injured, and you do not exchange personal information as required above, then you may be charged with a felony under Vehicle Code 20001.

You should be aware that the prosecutor will have a great deal of discretion in how to charge a violation under Vehicle Code Section 20001 VC, and if the offense should be punished more severely for permanent serious injury.

Common Examples of Felony Hit and Run under Vehicle Code 20001

1. Albert and Beatrice are involved in an accident due to Beatrice’s bad driving. As a result of the accident, Beatrice suffers a serious head injury resulting in permanent blindness in both eyes. Albert’s car was not seriously damaged, but he is angry at Beatrice’s bad driving and how it dented his new luxury car, so Albert leaves the scene without exchanging information.
2. Albert has likely committed a hit and run in California that will not only be charged as a felony, but may carry enhanced punishment because of the seriousness of Beatrice’s injuries. Just as in the example we examined above, it does not matter who is at fault, all involved parties must exchange information after the accident.Charlie and Dave are involved in an accident where Charlie ran a red light and collided with Dave’s brand new car, rendering Dave’s car undrivable. Dave suffers a large and deep cut that will heal without scarring and several bruises with no permanent injury. Charlie breaks his arm. Out of fear of the financial consequences of the accident, Charlie leaves without exchanging information as required.

Because Charlie left the scene of an accident involving injury to a person other than himself, Charlie may be charged with felony hit and run Vehicle Code 20001 & 20002 in California. The prosecutor has wide discretion, based on the facts and circumstances, to decide if Charlie will be charged with a felony rather than a misdemeanor. Based on the severity of Dave’s injury, he suffered a large deep cut, this case would likely be charged as a felony. However, since none of Dave’s injuries were permanent, the increased penalties for serious permanent injury will not be an option.

Penalties for Felony Hit and Run in California under VC 20001 

• A fine of no less than $1,000.00 but no more than $10,000.00.
• AND between 16 months and 3 years in state prison. If there was permanent serious injury or death to someone other than the person who fled the scene of the accident, then the prison term will be 2, 3, or 4 years.

Possible Defense for Vehicle Code 20001 and Vehicle 20002 

Only Defendant Injured

Vehicle Code Sections 20001 VC and 20002 VC require property damage and/or injury to someone other than the person who failed to exchange the required information at the scene of the accident. If your car is the only one damaged or you are the only one injured. A hit and run charge under Vehicle Code Sections 20001 VC and 20002 VC may not be appropriate.

You Were Not Driving

Perhaps you had loaned out your registered car to a friend or family member for the afternoon, and they committed a hit and run, or you happened to be in the car, accused of the hit and run, and the guilty party sped off so fast that a witness only saw you and mistook you for the driver.

If you fall into any of these categories, you should not be liable for charges under California Vehicle Code Sections 20001 VC and 20002 VC.

Left Under Duress

This is another valid argument the defendant can use to argue their charges under Vehicle Codes 20001 VC and 20001 VC. If the defendant reasonably believed their safety or life was in danger and had to flee the scene of an accident, they can use this to defend themselves in court.

We highly advise you to consult a licensed hit and run criminal defense attorney who will examine your case and determine what defenses apply to your particular case, and if there are alternatives they can use to help you avoid serving time in jail.

Lack of Accident Information

Sections 20001 and 20002 require property damage and/or injury to someone other than the person who failed to exchange the required information at the scene of the accident. If your car is the only one damaged, or you are the only one injured, a hit and run Vehicle Code 20001 & 20002 in California charge may not be appropriate. You should consult a licensed hit and run attorney who will examine your case and determine if any defenses apply in your case and if there are alternatives to serving time in jail.

We Want to Help 

If you or a loved one is being charged with a hit and run in violation of Vehicle Code Sections 20001 VC and 20002 VC, we invite you to contact us immediately for a free case review. Schedule an appointment to meet with us in person, or feel free to submit an evaluation online, and we will get in contact with you ASAP. Our experiences and assiduous Hit and Run, Criminal Defense Attorneys will be sure to fight until the end to reduce or drop your hit and run charges completely.