Hit and Run in California Vehicle Code §20002 & §20001
Understanding Hit and Run Laws in California
In California, “hit and run” doesn’t just mean fleeing the scene of a crash to avoid responsibility. It includes any situation where a driver leaves the scene of an accident without identifying themselves or rendering aid, regardless of fault. Even if you weren’t responsible for causing the collision, leaving the scene can lead to criminal charges.
California divides hit and run offenses into two main categories:
- Vehicle Code §20002 – Hit and run involving property damage only (a misdemeanor)
- Vehicle Code §20001 – Hit and run involving injury or death (a felony or “wobbler”)
Both carry serious legal and personal consequences, including fines, potential jail or prison time, and damage to your driving record and insurance.
Misdemeanor Hit and Run — Vehicle Code §20002
A misdemeanor hit and run applies when a driver leaves the scene of a collision that caused damage to another person’s property, including another vehicle, a fence, or even a parked car.
To convict under §20002, the prosecution must prove that:
- You were involved in an accident while driving.
- The accident caused damage to someone else’s property.
- You knew, or reasonably should have known, that the accident caused damage.
- You willfully failed to stop and provide identifying information.
Providing information means stopping immediately and giving your name, current address, and registration number to the other party or leaving a written note if they’re not present.
Penalties for Misdemeanor Hit and Run:
- Up to 6 months in county jail
- Fines up to $1,000
- Probation (up to 3 years)
- Restitution for property damage
- Two points on your DMV record
Even though it’s a misdemeanor, a conviction can have long-term effects on your insurance and employment, especially for those who drive professionally.
Felony Hit and Run — Vehicle Code §20001
If the accident involves injury or death to another person, the case falls under Vehicle Code §20001, which can be charged as a felony or misdemeanor depending on the facts — making it a “wobbler.”
To convict under §20001, the prosecution must prove that:
- You were involved in an accident.
- The accident resulted in injury or death to another person.
- You knew, or reasonably should have known, that someone was injured or killed.
- You willfully failed to stop, identify yourself, and provide reasonable assistance to the injured person.
Reasonable assistance includes calling emergency services, transporting someone to the hospital if necessary, or otherwise ensuring that medical help is rendered.
Penalties for Hit and Run Causing Injury or Death:
- Misdemeanor form:
- Up to 1 year in county jail
- Fines between $1,000 and $10,000
- Felony form:
- 16 months, 2 years, or 3 years in state prison (or up to 4 years if death or serious injury)
- Fines between $1,000 and $10,000
- Probation or parole conditions
- Mandatory restitution to victims for medical expenses and damages
If another person is seriously injured or killed, prosecutors can also file additional charges like vehicular manslaughter or DUI causing injury — dramatically increasing the potential penalties.
Comparing the Two Offenses
| Type of Hit and Run | Code Section | Type of Damage | Severity | Max Jail/Prison Term | Fine Range |
|---|---|---|---|---|---|
| Property Damage Only | §20002 | Property Only | Misdemeanor | 6 months (county jail) | Up to $1,000 |
| Injury or Death | §20001 | Injury/Death | Misdemeanor or Felony | Up to 4 years (state prison) | $1,000–$10,000 |
The critical distinction lies in what or who was harmed. Property damage triggers a misdemeanor; injury or death triggers a felony or wobbler charge.
Common Defenses to Hit and Run Charges
- Lack of Knowledge: You didn’t realize an accident occurred or that damage/injury resulted. The law requires actual or constructive knowledge.
- No Damage or Injury: If there’s no proof of damage or injury, the charge may not stand.
- Mistaken Identity: Someone else was driving your car at the time.
- Involuntary Failure to Stop: You were injured or unable to safely stop due to circumstances beyond your control.
- Subsequent Reporting: If you later reported the accident to authorities, it can mitigate penalties or aid in negotiation.
An experienced defense attorney can also negotiate to reduce a felony hit and run to a misdemeanor or even a civil compromise under certain circumstances, particularly where the victim’s property has been fully reimbursed and there were no injuries.
Why These Cases Require Immediate Legal Help
Hit and run allegations often come with emotional, physical, and financial pressure. Many defendants panic and leave a scene out of fear or confusion, not malice — but the law doesn’t automatically recognize that distinction. Prompt representation can make all the difference, especially before charges are formally filed.
An attorney can communicate with law enforcement on your behalf, present mitigating evidence, and often prevent a warrant or arrest altogether.
Hire Radford & Rome, LLP if you’re charged with Hit and Run in California
If you’re being investigated or charged with Hit and Run under Vehicle Code §§20001 or 20002, don’t wait until you’re already facing court or a warrant. Early intervention is key. At Radford & Rome, LLP, our attorneys are former prosecutors who have handled hundreds of hit and run and vehicular crime cases across Southern California. We know how to protect you from criminal exposure, negotiate with prosecutors, and keep your record as clean as possible.
Call today for a confidential, free consultation, or reach out online. We’ll explain your options, guide you through next steps, and start working immediately to protect your future.