Orange County Hit and Run Lawyers

An Overview of California’s Hit and Run Laws

A couple of laws outlined in the California Vehicle Code concern hit-and-run offenses, primarily sections 20001 and 20002. These laws set expectations for a driver's actions if involved in an accident. 

California Vehicle Code § 20001: Hit and Run Involving Injury or Death

Under California Vehicle Code § 20001, a driver must stop immediately after being involved in an accident that results in injury to another person. The driver must remain at the scene, provide their contact information (including name, address, and vehicle registration), and offer reasonable assistance to the injured party. 

If the accident results in death, the driver must report the incident to the California Highway Patrol or local law enforcement.

California Vehicle Code § 20002: Hit and Run Involving Property Damage

California Vehicle Code § 20002 addresses situations where an accident involves only property damage. In such cases, the driver must stop at a safe location and attempt to notify the property owner. The driver must provide their name, address, driver's license number, and vehicle registration to the property owner. 

If the owner is unavailable, the driver must leave a note with the same information in a conspicuous place on the damaged property.

Misdemeanor vs. Felony Hit and Run Charges

The severity of a hit and run charge can vary depending on the circumstances of the accident. A misdemeanor charge typically applies in cases involving property damage or minor injuries. However, if the accident results in serious injuries or fatalities, the offense may escalate to a felony.

California Vehicle Code § 20001 is a "wobbler," meaning it can be either a felony or a misdemeanor, depending on the case's specifics. A felony charge for a hit-and-run typically involves either death or serious, permanent injury to another individual. Felony hit-and-run offenses carry more severe penalties.

Penalties for Hit and Run in California

Hit and run offenses carry penalties that can vary depending on the circumstances of the accident. The law distinguishes between incidents involving only property damage and those that result in injury or death, with more severe penalties for accidents that cause harm to individuals.

Misdemeanor Penalties

The penalties for hit and run offenses involving property damage or minor injuries are generally less severe but still carry serious consequences. 

Under California Vehicle Code § 20002, if the accident results only in property damage, the driver may face:

• Incarceration: Up to six months in county jail.
• Fines: A fine of up to $1,000.

However, if the accident results in injury to a person, the penalties become more severe. 

Under California Vehicle Code § 20001, a driver who leaves the scene of an accident that causes injury can face:

• Incarceration: Imprisonment in county jail or state prison for up to one year.
• Fines: A fine ranging from $1,000 to $10,000.

Felony Penalties

When a hit and run results in serious injury or death, the offense may be a felony, leading to more substantial penalties. 

For incidents involving death or serious injury, California Vehicle Code § 20001 imposes the following:

• Incarceration: A felony conviction can result in two, three, or four years in state prison.
• Fines: A fine of $1,000 to $10,000.

Whether charged with a misdemeanor or felony, hit and run offenses have severe consequences that can affect your life. Having an experienced attorney is essential to help navigate the legal complexities and work to reduce the impact of these charges.

Strategic Defenses Against Hit and Run Charges

Several defense strategies may help reduce or even dismiss hit and run charges. A well-crafted defense is crucial, as the specifics of your case—such as the circumstances surrounding the accident and the evidence available—will influence the defense approach. 

The following are defense strategies used in hit-and-run cases:

• Lack of knowledge about the accident: In some cases, an individual may not realize they were involved in an accident, especially in situations where the impact was minor or if the other party did not immediately react.
• No damage or injury occurred: If the property was not damaged or the other party did not sustain any injury, the prosecution may struggle to prove the severity of the incident.
• Factual errors or mistaken identity: Errors can occur if no clear evidence links the driver to the accident or witnesses misidentify the vehicle or the driver. 
• Coercion or mitigating circumstances: If the driver was frightened or under threat, they might have left the scene in a panic. Additionally, mitigating circumstances may exist, such as the driver being under extreme duress or facing an immediate danger that prompted their actions.

Why Hire a Hit and Run Defense Lawyer?

If you're facing hit and run charges in Orange County, working with an experienced defense attorney is essential to navigating the complexities of the legal system.

A lawyer can make a difference by:

• Providing insightful guidance through the process: A defense lawyer knows how to manage each aspect of the case, from gathering evidence to filing motions and representing you in court. They can explain the process clearly, help you understand your options, and guide you through every stage.
• Seeking to reduce or dismiss charges: An attorney can examine the case details to uncover evidence that could weaken the prosecution’s argument, such as incorrect witness testimony, factual errors, or a lack of proof linking you to the accident.
• Protecting your rights and pursuing minimum penalties: An attorney works to prevent unfair treatment and can fight to minimize the potential penalties if you are convicted.