Being involved in a car accident is stressful. Leaving the scene — even unintentionally — can quickly turn that stress into serious criminal exposure. Many people do not realize they may still face charges weeks or even months after an incident. Understanding how long the government has to file a hit and run case is critical if you are worried about possible prosecution. Below, we explain how the statute of limitations works in California and what it means for you.
What Is Considered Hit & Run Under California Law?
California law requires a driver involved in an accident to stop and provide identifying information. In cases involving injury, the driver must also render reasonable assistance.
Hit and run offenses are primarily governed by:
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California Vehicle Code § 20002 – Property damage only
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California Vehicle Code § 20001 – Injury or death involved
Importantly, you do not have to cause the accident to be charged. The crime is leaving the scene without fulfilling legal obligations.
Misdemeanor vs. Felony Hit & Run
The statute of limitations depends on how the offense is classified.
Misdemeanor Hit & Run (Property Damage Only)
This applies when:
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The accident caused damage to another vehicle or property
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No one suffered bodily injury
Under California Penal Code § 802, prosecutors generally have: One year from the date of the incident to file criminal charges.
If charges are not filed within that one-year window, the case is typically barred unless a legal exception applies.
Felony Hit & Run (Injury or Death)
This applies when:
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Someone is injured — even if the injury is minor
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Someone is killed
Under California Penal Code § 801, prosecutors usually have: Three years from the date of the accident to file charges. Serious injury cases may involve additional sentencing enhancements, but the standard filing period is three years.
When Does the Statute of Limitations Start?
In most hit and run cases, the clock begins on the date the accident occurred.
However, certain circumstances can pause or extend the filing deadline.
Exceptions That May Extend the Deadline
While the one-year and three-year rules apply in most cases, the statute of limitations can be affected by specific factors:
1. The Accused Leaves California
If a suspect leaves the state, the statute of limitations may be paused during their absence.
2. Charges Are Filed Before the Deadline
If prosecutors file charges within the statutory time period but the arrest occurs later, the case can still proceed.
3. Identity Issues
If the driver’s identity is disputed or unclear, investigations may continue until sufficient evidence supports filing charges — as long as the filing occurs within the statutory period.
Every case is fact-specific, which is why legal review is critical.
How Long Do Investigations Take?
There is no fixed timeline. Investigations may take:
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Days (if law enforcement identifies a suspect immediately)
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Weeks (if based on witness statements)
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Months (if relying on surveillance footage, forensic review, or medical documentation)
Just because you have not been contacted does not mean charges will not be filed.
What If the Deadline Passes?
If prosecutors attempt to file charges after the statute of limitations expires, your attorney can raise the issue and seek dismissal.
The statute of limitations is a powerful procedural defense — but it must be properly asserted in court.
Potential Penalties for Hit & Run
Misdemeanor Penalties
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Up to 6 months in county jail
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Fines up to $1,000
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Restitution for property damage
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DMV points on your driving record
Felony Penalties
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Up to 4 years in state prison
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Fines up to $10,000
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Formal probation
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Restitution
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Possible sentence enhancements if serious bodily injury occurred
Penalties increase significantly if other charges, such as DUI, are involved.
What If You Didn’t Know You Hit Something?
Knowledge is an important legal element.
To convict someone of hit and run, prosecutors must prove:
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The driver was involved in an accident; and
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The driver knew or reasonably should have known that damage or injury occurred.
In minor impact cases, lack of knowledge may be a viable defense.
Criminal vs. Civil Deadlines
The criminal statute of limitations is different from civil lawsuit deadlines.
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A criminal case is brought by the government.
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A civil claim is brought by the injured person seeking financial compensation.
The time limits and legal standards differ between the two.
Can Police Contact You Months Later?
Yes.
As long as charges are filed within the applicable one-year or three-year window, prosecution may proceed — even if you are contacted long after the accident.
If a warrant is issued before the statute of limitations expires, the case remains active.
Should You Speak to Police Before Charges Are Filed?
If you believe you are under investigation:
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Do not provide a statement without legal counsel.
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Do not attempt to explain the situation on your own.
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Avoid discussing the matter publicly or on social media.
Early legal representation can sometimes influence whether charges are filed at all.
Key Takeaways
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Property damage only: 1 year to file charges
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Injury or death: 3 years to file charges
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The clock usually starts on the date of the accident
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Certain circumstances can affect timing
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Filing within the deadline preserves the case
Understanding your exposure under California law requires reviewing the exact facts of your situation.
Contact Southwest Legal Today
If you are worried about a potential hit and run charge — or you recently learned that you are under investigation — time matters. The criminal defense attorneys at Southwest Legal understand how prosecutors evaluate these cases and how statute of limitations defenses work in California courts. Early intervention can make a significant difference in protecting your record, your license, and your freedom. Do not wait until charges are filed. Contact us today for a confidential consultation and get clear answers about your rights and options.