A hit-and-run occurs when you flee from the scene of an accident that has resulted in property damage or an injury. The law requires drivers to stop, offer assistance, call the police, and exchange information when involved in an accident. You are legally required to stop, regardless of injury or fault. This facilitates the police in obtaining clear statements to determine the accident's cause and the responsible party.

Hit-and-run accidents can be prosecuted as misdemeanors or felonies in California, depending on the case details. A conviction for a felony results in a more severe penalty than a conviction for a misdemeanor. It helps to understand why you face felony charges after a hit-and-run to prepare yourself for what to expect during and after a trial. A skilled criminal attorney can help with this. They can also protect your rights and use the best defense strategies for a favorable outcome in your case.

An Overview of California Hit-and-Run

An accident brings a lot of confusion, especially when people are injured or there is property damage. The primary issue is usually the cause of the accident and the responsible party. If some people leave the scene right after the accident, it becomes increasingly complex to figure out how it occurred and its cause. The law requires anyone involved in an auto accident to stop, exchange contact information, and, if possible, give a statement to the police before leaving the scene. The people who are not injured in the accident can assist the injured before the police or paramedics arrive at the scene.

A hit-and-run occurs when you leave the accident scene without exchanging contact details with others in the accident, offering assistance, or waiting for the police. A felony hit-and-run charge occurs when you leave the scene of an accident that has resulted in a fatality or an injury. Recall that the prosecutor will file felony charges against you for leaving the accident scene, regardless of your involvement. If the accident did not result in an injury, the prosecutor can file a less severe misdemeanor charge than a felony. If there were injuries, but they were not severe or permanent, the district attorney can charge you with a felony or misdemeanor.

Driver Responsibility after an Accident

When you are involved in an accident, you have a legal responsibility, regardless of the cause or your involvement. The responsibility applies to all motorists in an accident, whether the accident is minor or significant. Fleeing the accident makes you guilty of an even graver offense of hit-and-run, which the district attorney can charge as a felony or misdemeanor, based on the circumstances of the case. The specific actions you must take after being involved in an accident include the following:

Stopping your Car and Remaining at The Accident Scene

You have to stop your car immediately if there is an accident involving your vehicle, whether you are the only one in the accident or other motorists are involved. You must also remain there until you are cleared and allowed to leave by the police. However, there is an exception to this rule if you have a medical emergency. If anyone in your vehicle is seriously ill or you sustain a severe injury in the accident, you can leave the scene for the hospital before the illness or injury worsens. However, you must inform the police to avoid being charged with hit-and-run.

Exchange Information With Others

This is very important in solving the accident case and ensuring that the responsible party compensates those who suffer damages in the accident. You should exchange your contact information with other motorists involved in the accident. If you hit an object or a stationary car and the owner is not at the scene, you should write down your contact details and leave them at the scene. Your contact information should include your name, address, and insurance details.

Offer Help

It is not right to leave the accident scene after an accident, especially if some people have been injured. Stop your vehicle and check on the welfare of others to ensure that everyone is okay before you leave. If there is an injury or fatality, call the police or paramedics. If you are not in a position to offer assistance, you can ask someone around the scene for help for yourself and others in the accident. Calling the police will help since the police are usually accompanied by first responders to an accident scene.

You can take further action, especially if you have incurred damages and wish to gather evidence against the responsible party. Other actions you can take while at the accident scene include the following:

Documenting the Accident Scene

Take pictures of the accident scene, including the vehicles involved, damages, and surrounding areas, if possible. You can ask someone to do this if you cannot. Request that they take photographs and videos of the accident scene. You could also gather a few statements from those who witnessed the accident. This will help you make a case against the responsible party or defend yourself if you are accused of negligence. It will also help the police determine the cause of the accident and the possible liable party.

Note: Documenting the scene immediately after the accident is recommended before people interfere with critical evidence.

Reporting The Accident

You should call the police if you are involved in an accident, regardless of its size. They can process crime scenes better and help identify the cause of the accident. This will help if you want to file for compensation for your damages.

If you were responsible for the accident, whether wholly or partly, you should notify the DMV within ten days, especially if there was property damage or injuries. Failing to do so can affect your driving privileges or result in license suspension.

Notifying Your Insurer

You should report an accident to your insurance provider immediately after it happens, especially if you have incurred damages and would file for compensation. If you delay reporting the matter, the insurance company can use that to avoid paying you full compensation.

Seeking Medical Attention

Once the police clear you from the accident scene, you should seek immediate medical attention. This should happen even if you do not feel injured. Some injuries worsen over time, and others show up after a few hours or days. Neglecting medical help can also work against you when seeking compensation from your insurance company. The insurance provider can use delayed treatment to deny your claim.

Misdemeanor Charges for Hit-and-Run

Misdemeanor charges for hit-and-run are possible if you fled from an accident that only resulted in property damage or a less severe injury. If the accident only caused property damage and no one was injured, you will face charges under VC 20002 if you flee the scene without stopping, waiting for the police, or exchanging information with the other affected parties. VC 20002 is a misdemeanor, punishable by the following:

  • Six months in jail

  • A court fine of up to $1000

If someone was injured in the accident, but their injury was not severe, you will face hit-and-run charges under VC 20001 for fleeing from the accident scene without waiting, exchanging information, or offering help. VC 20001 is a wobbler, meaning that the district attorney can charge it as a felony or misdemeanor, based on the circumstances of the case. A conviction for a misdemeanor under this law is punishable by the following:

  • One year in jail

  • Court fines ranging from $1000 to $10,000

Misdemeanor charges for hit-and-run under VC 20001 or VC 20002 will earn you two points on your driving record by the DMV. If you accumulate so many of these points, the DMV can suspend or revoke your license.

The judge can sentence you to misdemeanor probation instead of jail. Misdemeanor probation can last for up to three years. Although you can serve your sentence from home while caring for your family, working, or running your business, you must abide by strict probation conditions. For example, you must meet the judge regularly to report your progress. You will also be expected to refrain from crime. If you violate probation, the judge can cancel it and sentence you to jail for the recommended period under the law.

Felony Charges for Hit-and-Run

A felony hit-and-run, under VC 20001, will occur under the following circumstances:

  • You were the driver and were in a vehicle accident

  • The accident resulted in a fatality, severe injury, and permanent injury to another person

  • You were aware of the accident and the resulting death or injuries

  • You willfully fled from the accident scene without offering help, exchanging information, or waiting for the police

Remember that hit-and-run charges apply even if you were not responsible for the accident. You should stop and perform your responsibilities as a driver, even if you are sure you did not cause the accident.

A severe or permanent injury, as used under this law, includes loss of function or impairment of a body organ or member. Generally, an injury that requires more medical care than simple first aid will likely satisfy this particular element.

A felony conviction for hit-and-run under VC 20001 will lead to the following penalties:

  • Two, three, or four years in prison

  • A court fine ranging between $1000 and $10,000

The actual penalty the judge will give will depend on the accident's severity and other details of the case. Depending on the defense you use during the trial, they can reduce your sentence or fine.

A felony conviction for hit-and-run will also earn you two points on your driving record by the DMV. These points can affect your driving privilege or lead to the suspension of your driver’s license.

The judge can sentence you to felony probation instead of prison. Although you will not serve your time in detention when this happens, you will be under strict probation conditions. Felony probation can last from one to five years. The court will put you under the supervision of a probation officer. You must meet with the officer periodically to assess your performance. If you violate probation, the judge can cancel it and sentence you to prison (for a felony) or jail (for a misdemeanor) as recommended under the law.

Other Consequences of a Felony Conviction for Hit-and-Run

A felony conviction for hit-and-run will affect various aspects of your life. This is because it leaves you with a damaged criminal record that can affect you for years. Criminal records are publicly available; anyone who runs a background check on you will find out about the conviction. This can influence how you are treated when looking for a job, housing, and other services like loans and insurance. For example, if you are looking for a job as a professional driver, you could miss significant opportunities because of your negative record.

A felony conviction will also affect your gun rights. As an adult in California, you can obtain a license to purchase, use, or possess a firearm. You lose those rights after a felony conviction. This will affect you if you need a firearm for hunting or security, or if you collect guns for fun.

Defending Yourself Against Hit-and-Run Charges

A conviction for hit-and-run, whether misdemeanor or felony, has severe consequences. It can affect your professional and social lives and earn you points in your driver’s record that could lead to the suspension of your driver’s license. However, you can influence the outcome of your case with the support of a competent criminal attorney. Criminal attorneys use various legal strategies to fight charges or defend their clients for a reasonable outcome. Here are examples of strategies your defense team can apply in the case to cause the court to reduce or dismiss your charges:

Someone Else Was The Driver

If you face hit-and-run charges for leaving the accident scene without exchanging information or helping the injured, you can defend yourself by stating and proving that someone else, not you, was the driver. Recall that the responsibility to stop and wait after an accident applies to drivers only. If you were traveling in one of the cars involved in the accident as a passenger, you are not legally bound to stop and help. Leaving the accident scene without exchanging your information or waiting for the police will not land you in trouble with the law.

This defense can help if you own one of the vehicles in the accident and the police have traced the vehicle to you. Providing your alibi will help prove that someone else, and not you, was driving the car at the time.

You Fled Because You Were Afraid for Your Safety

The requirement to stop and call for help or assist vehicle accident victims applies only if you can safely stop. You could leave the scene of an accident if there is no way you can safely stop or park the vehicle. You can also leave if the people around, or other motorists, are furious at you, and you are afraid for your safety. You are also exempt from hit-and-run charges if you have a medical emergency that could worsen if you stop even for a few minutes.

A skilled attorney will elaborate on your safety concerns to the court, causing the judge to dismiss or reduce your charges. However, this defense will work best if, after leaving the scene, you call the police to report the accident and provide your contact information.

The Victim Was Not Severely Injured

This is a good defense strategy to cause the court to reduce your charges from a felony to a misdemeanor. Remember that if you are involved in an accident in which someone is injured, you will face charges under VC 200001 if you flee the scene. This is a wobbler, prosecuted as a felony or misdemeanor, based on the details of the case. A misdemeanor charge requires the victim or victims to have sustained minor injuries in the accident. If the prosecutor files felony charges, your attorney can fight for a reduced sentence by proving minor injuries.

Find Competent Criminal Defense Services Near Me

A hit-and-run charge in Los Angeles can result in severe life-altering consequences, especially a felony conviction. You can be sentenced to a lengthy prison term and charged a hefty court fine if you are found guilty of leaving the scene of an accident in which someone sustained a severe injury or lost their life. However, working with an experienced criminal attorney can influence the outcome of your case. An attorney can use the best strategy to fight the charges and compel the court to reduce or dismiss them.

At Los Angeles Criminal Attorney, we understand how life-changing a hit-and-run conviction can be. We can work with you to ensure you enjoy a reasonable outcome. We can advise you about your charges and options, help you navigate the complex legal process, and fight by your side until you are happy with the results. Call us at 424-333-0943 to discuss your case and our services further.