Jonah Patel
In California, a hit-and-run incident can be classified as either a misdemeanor or a felony, depending on the circumstances. A hit-and-run incident that results in property damage but no injury is typically considered a misdemeanor, while one that causes injury or death is usually a felony. In the case of a misdemeanor, the driver is required by law to stop their vehicle and exchange information with the other party or parties involved. Failure to do so can result in criminal charges and penalties such as jail time, fines, and points on one's driver's license. On the other hand, a felony hit-and-run charge can lead to even harsher consequences, including a minimum of 90 days in jail and up to four years in prison, substantial fines, and victim restitution.
| Characteristics | Values |
|---|---|
| Type of Crime | Misdemeanor or Felony |
| Misdemeanor | Charged under Vehicle Code 20002 |
| Felony | Charged under Vehicle Code 20001 |
| Misdemeanor Definition | A driver involved in an accident resulting in damage to property, including vehicles, will immediately stop at the nearest location that won't impede traffic or jeopardize the safety of other motorists. |
| Misdemeanor Penalty | Up to 6 months in county jail, a fine of up to $1,000, and 2 points on your California driver's license. |
| Felony Definition | A driver involved in an accident resulting in injury or death to someone else shall immediately stop the vehicle at the scene of the accident and fulfill their legal requirements. |
| Felony Penalty | Minimum of 90 days in Los Angeles County jail, up to 4 years in California state prison, a fine of up to $10,000, and victim restitution. |
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What You'll Learn
Misdemeanour vs. felony
In California, a hit-and-run incident is classified as a misdemeanour or a felony, depending on the nature of the accident.
A misdemeanour hit-and-run charge applies when an accident results in damage to property, including vehicles, and the driver fails to stop and identify themselves. This is covered under California Vehicle Code 20002. The penalty for a misdemeanour hit-and-run includes up to six months in county jail, a fine of up to $1,000, probation, restitution, and two points on the driving record.
A felony hit-and-run charge, on the other hand, is applied when an accident results in serious physical injury or death, and the driver fails to stop and fulfil their legal responsibilities. This is covered under California Vehicle Code 20001. The penalty for a felony hit-and-run is more severe and includes a minimum of 90 days in county jail, up to four years in state prison, a fine of up to $10,000, and victim restitution.
It is important to note that California law requires drivers involved in an accident to immediately stop and exchange insurance and contact information, regardless of who is at fault. Failing to do so can result in criminal charges and severe penalties.
In certain cases, a prosecutor may have the discretion to charge a hit-and-run with injury as either a misdemeanour or a felony, known as a "wobbler" under California law. This decision is based on the specific circumstances and the driver's criminal history.
Retaining an experienced criminal defence attorney is crucial in hit-and-run cases, as they can help protect your rights, develop a defence strategy, and work towards a favourable outcome.
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Property damage
In California, a hit-and-run involving property damage is classified as a misdemeanor. According to California Vehicle Code §20002, a hit-and-run occurs when a driver fails to stop and identify themselves after causing property damage. This includes situations where a driver accidentally bumps another vehicle in a parking lot or on the street. In such cases, the driver has two options: they can either leave their contact information for the owner of the damaged property or leave the scene without providing any information.
If a driver chooses to leave the scene, they are required by law to stop their vehicle at the nearest location that does not impede traffic or jeopardize the safety of other motorists. They must then leave a note on the damaged property or vehicle with their name, address, and a description of what happened. Additionally, the driver must notify the local police department or the California Highway Patrol, depending on the location of the accident. These requirements apply regardless of the extent of the damage caused, even if it is minor.
If a driver is convicted of a misdemeanor hit-and-run, they may face penalties such as up to six months in county jail, a fine of up to $1,000, or both. The penalties can also include probation, restitution for property damage, and points on their driving record. However, if the only damage was to the driver's own vehicle and no one else's property was affected, there is typically no criminal liability under Vehicle Code §20002.
It is important to note that the prosecution must prove that the driver knew or reasonably should have known that they caused property damage and willfully failed to stop or provide their information. If the driver was unaware of the damage or had no intention to leave the scene, the prosecution may not be able to prove their case.
In some cases, civil lawsuits can be filed separately from criminal charges to seek compensation for property damage and other losses. Victims have the right to pursue legal action and hold the fleeing driver accountable for their careless behavior. However, criminal charges take precedence, and the court has the discretion to drop charges even if the victim agrees to a civil compromise.
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Injury or death
In California, a hit-and-run incident that results in injury or death is typically considered a felony and is covered under California Vehicle Code Sections 20001 and 20002. The law states that any driver involved in an accident resulting in injury or death to another person must immediately stop their vehicle at the scene. They are also required by law to:
- Provide their name, address, and other identifying information, such as a driver's license and vehicle registration. This information must be given to law enforcement, if present, and to any other parties involved in the accident.
- Offer "reasonable" assistance to anyone injured, including making arrangements for hospital transportation or obtaining medical care.
- If there are any fatalities and law enforcement is not at the scene, the driver must immediately contact the California Highway Patrol or the nearest law enforcement department.
Failure to comply with these legal requirements can result in felony hit-and-run charges, even if the driver was not at fault for the accident or if the injuries are minor. The penalties for a felony hit-and-run conviction can include jail time, significant fines, and victim restitution. In California, a felony conviction can result in up to four years in state prison and a fine of up to $10,000. It is important to note that even if there are only minor injuries, a hit-and-run incident can still result in felony charges if the prosecution can prove that the driver was aware or should have been aware of the injuries.
On the other hand, in some cases, a hit-and-run resulting in injury or death may be charged as a misdemeanor, especially if it is a first-time offence with no aggravating circumstances. A misdemeanor conviction can result in up to one year in county jail and a fine of up to $10,000. It is important to seek legal counsel to understand the specific circumstances and potential consequences of a hit-and-run incident in California.
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Exchanging information
In California, a hit-and-run is a criminal offence that can result in a misdemeanor or felony charge. The law requires drivers to stop and exchange information with the other driver(s) involved in an accident, regardless of who is at fault. This is a serious responsibility, and failure to do so can lead to criminal charges and severe penalties.
If you are involved in an accident, you must stop and provide the following information to the other driver(s) or owner(s) of damaged property:
- Name
- Phone number
- Driver's license
- Current residence address
- Name and address of the owner of the vehicle you are driving
If you hit a parked car or cause damage to property and cannot locate the owner, you must leave a note on the vehicle or damaged property with your name, address, and a description of the accident.
It is important to note that hit-and-run charges can be upgraded from a misdemeanor to a felony if the accident results in injuries or death. In such cases, you are legally required to not only exchange information but also provide reasonable assistance to any injured persons.
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Criminal charges
In California, a hit-and-run incident can lead to either misdemeanor or felony criminal charges. The state's vehicle code defines the two types of charges as follows:
Misdemeanor Hit and Run
According to California Vehicle Code §20002, a hit-and-run incident is a misdemeanor when it involves property damage but no injury or death. This means that if you crash into a parked vehicle or cause damage to any type of property, you are required to make an effort to locate and notify the owner. If you can't find them, you must leave a note with your name, address, and information about the accident. Failing to do so is a violation of the law and can lead to criminal charges.
The penalties for a misdemeanor hit and run in California include up to six months in county jail, a fine of up to $1,000, and two points on your driver's license. Depending on your criminal history, you may also be placed on probation for three years and required to complete community service.
Felony Hit and Run
California Vehicle Code §20001 defines a felony hit and run as an incident where a driver flees the scene of an accident in which another person has been injured or killed. This is considered a more serious crime and can result in harsh legal consequences.
If convicted of a felony hit and run in California, the penalties can include a minimum of 90 days in county jail, up to four years in state prison, a fine of up to $10,000, and victim restitution. In some cases, a judge may grant felony probation in lieu of prison time.
Defenses and Legal Options
If you are facing hit-and-run charges in California, it is crucial to consult with an experienced criminal defense attorney as soon as possible. They can review your case, develop a defense strategy, and guide you through the legal process. In some misdemeanor cases, it may be possible to get your charges dismissed if you take responsibility for the accident expenses through a "civil compromise."
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Frequently asked questions
A hit and run in California is defined as leaving the scene of an accident that caused property damage without identifying yourself to the other driver.
The penalties for a hit and run in California depend on whether the accident resulted in property damage or bodily injury. Misdemeanor hit and run convictions carry a maximum penalty of six months in county jail and a fine of up to $1,000. Felony hit and run convictions, on the other hand, can result in a minimum of 90 days in county jail, up to four years in state prison, a fine of up to $10,000, and victim restitution.
If you are involved in a hit and run accident in California, it is important to remain at the scene, exchange information with the other driver, and assist any injured persons. If the other driver leaves the scene, try to obtain their vehicle information, and contact the police immediately.
There are several legal defenses for a hit and run charge in California, including showing that you were not aware of the accident, or that you did not willfully fail to stop or provide assistance. It is important to consult with an experienced criminal defense attorney to review your specific case and legal options.
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