What Happens When a California Hit and Run Only Involves Property Damage?

A hit-and-run incident in California, even when it only involves property damage, is a serious offense. While many people assume that hit-and-run charges are primarily for accidents involving bodily injury, California law is clear that drivers involved in accidents causing property damage are also required to stop and exchange information. Failing to do so can lead to criminal charges with significant consequences. If you find yourself in this situation, it’s crucial to understand the legal process, potential penalties, and defense options available to you.

California Hit and Run Laws: What Constitutes a Hit and Run?

In California, a hit-and-run occurs when a driver leaves the scene of an accident without meeting specific legal obligations. These obligations are outlined under California Vehicle Code Section 20002, which requires that drivers involved in property damage accidents:

1. Stop at the Scene: The driver must stop immediately after the accident, no matter how minor the damage appears.

2. Provide Information: The driver must provide their name, address, and vehicle registration details to the other party.

3. Assist if Necessary: If there is property damage or injury, the driver must offer assistance, such as calling law enforcement or emergency responders.

Even if the accident causes only minor property damage—such as a dented fender or scraped bumper—the failure to stop and exchange information can result in criminal charges for a hit-and-run.

Potential Consequences of a Property Damage Hit and Run

While property damage-only hit-and-run offenses are generally classified as misdemeanors in California, they can still result in serious consequences for the defendant. These include:

1. Misdemeanor Hit and Run

In most cases where only property damage occurs, the charge will be classified as a misdemeanor. If convicted, the penalties can include:

• Fines: Up to $1,000 in fines.

• Probation: Probation for up to 3 years.

• Jail Time: Up to 6 months in county jail, though jail time is often not mandatory and can depend on the circumstances.

• Restitution: The court may require the defendant to pay restitution to cover the damage to the victim’s property.

Although misdemeanor charges carry less severe penalties than felony charges, the criminal conviction can still have long-lasting effects on a person’s record and future opportunities.

2. Felony Hit and Run

In some cases, a hit-and-run charge involving property damage could be elevated to a felony. This can occur if there are aggravating factors, such as:

• A history of previous hit-and-run offenses.

• A large amount of property damage.

• A failure to cooperate with law enforcement during the investigation.

Felony charges come with more severe penalties, including:

• Fines: Up to $10,000.

• Imprisonment: Up to 3 years in state prison.

• Restitution: Compensation to the victim for damages.

A felony conviction can have much more serious consequences for a defendant’s personal and professional life, including a permanent criminal record that may impact employment, housing, and other opportunities.

Defendants’ Rights and Legal Process in a Hit and Run Case

If you are accused of a hit-and-run involving property damage, it’s important to understand that you have rights throughout the legal process. Here’s a breakdown of what to expect:

1. Investigation

After a hit-and-run accident, law enforcement will typically investigate the incident. This may include reviewing witness statements, gathering physical evidence, and checking for surveillance footage from nearby cameras. In many cases, investigators use the vehicle’s license plate or descriptions provided by witnesses to track down the responsible driver.

As a defendant, it’s crucial to remember that you are entitled to due process and should not be presumed guilty until proven otherwise. It’s important to avoid making statements that could inadvertently incriminate you during the investigation process.

2. Filing a Police Report

If you have been accused of leaving the scene of an accident, filing a report with law enforcement may help clarify the situation. For example, if you were unaware of the damage at the time or believed that the accident was too minor to warrant stopping, reporting your side of the story early on may provide important context that can influence the outcome of your case.

3. Criminal Charges and Arraignment

If charges are filed, the defendant will be required to appear in court for an arraignment. This is where the formal charges will be read, and the defendant will enter a plea of guilty, not guilty, or no contest. At this stage, it is essential to consult with a lawyer who can guide you on the best course of action.

In many cases, a defendant may be able to work out a plea deal with the prosecution. A plea agreement might result in reduced charges or penalties, such as a lesser fine or avoiding jail time in exchange for a guilty plea.

4. Possible Defenses in a Hit and Run Property Damage Case

There are several potential defenses that can be used to challenge a hit-and-run charge, particularly if it only involves property damage. Some common defenses include:

• Lack of Knowledge of the Accident: If you genuinely did not realize that an accident occurred, especially in the case of minor damage, this could be a valid defense. For example, if you hit an unoccupied vehicle or a stationary object and did not notice the impact, you may be able to argue that you were unaware of the damage at the time.

• No Intent to Evade Responsibility: California law requires the driver to have the intent to leave the scene without fulfilling their obligations. If you left the scene out of fear, confusion, or panic, it may be possible to argue that you did not intend to flee the scene or evade responsibility.

• Mistaken Identity: In some cases, a defendant may be falsely identified as the driver involved in the hit-and-run. This can occur if witnesses or law enforcement incorrectly match your vehicle to the one involved in the accident. A defense lawyer can help challenge the evidence and raise doubt about the accuracy of the identification.

• Insufficient Evidence: If there is insufficient evidence to prove that you were the driver involved in the accident, the case against you may be weak. For example, if there are no witness statements or surveillance footage clearly identifying you, it may be difficult for the prosecution to establish your involvement.

5. Possible Penalty Mitigation

Even if the evidence against you is strong, there may be opportunities to mitigate the penalties. In cases where the driver’s actions were not malicious or intentional, or if the defendant shows remorse and willingness to make restitution, the judge may impose a lighter sentence. Penalty mitigation strategies may include:

• Restitution to the Victim: Offering to pay for the property damage may help demonstrate responsibility and could persuade the court to reduce the severity of the penalties.

• Voluntary Surrender: In some cases, voluntarily reporting to law enforcement can help demonstrate a willingness to cooperate and may result in more lenient penalties.

• Probation vs. Jail Time: For a first-time offender, it may be possible to negotiate probation instead of jail time, particularly if the defendant shows a willingness to make amends for their actions.

What to Do if You’re Accused of a Hit and Run with Property Damage

If you’ve been involved in a hit-and-run that only caused property damage, it’s essential to act swiftly and responsibly. Here are steps you can take:

1. Contact an Attorney: The first step is to consult with an experienced criminal defense attorney. A skilled attorney can help you understand the charges against you, identify possible defense strategies, and guide you through the legal process.

2. Avoid Speaking to Law Enforcement Without Legal Counsel: You have the right to remain silent, and it is crucial to avoid making any statements to law enforcement without your attorney present. Anything you say could be used against you in court.

3. Gather Evidence: If you were unaware of the accident or did not intend to leave the scene, gather any evidence that can support your version of events. This might include dash cam footage, photos of the scene, or witness statements.

4. Stay Calm and Cooperative: If you are contacted by law enforcement or investigators, remain calm and cooperate. Acting aggressively or defensively can only harm your case.

Conclusion

A hit-and-run involving property damage may seem less severe than one involving injury, but it can still lead to serious legal consequences. If you’re facing a hit-and-run charge in California, understanding the legal process, potential penalties, and available defenses is critical. By taking the proper steps and working with an experienced criminal defense attorney, you can navigate the legal challenges ahead and pursue the best possible outcome in your case.

Need Legal Assistance? Contact Southwest Legal Today!

If you or someone you know has been accused of a hit-and-run involving property damage in Southern California, don’t navigate the legal process alone. The team at Southwest Legal can help you understand your rights, explore defense options, and work to achieve the best possible outcome for your case. Get in touch with us today to schedule a free consultation and protect your future.