Being involved in a car accident is stressful. Leaving the scene — even briefly — can turn that stressful situation into a criminal charge. In California, hit and run offenses are prosecuted aggressively, and the consequences can range from fines and probation to significant jail or prison time.
One of the most common questions people search online is:
Is a hit and run a felony or a misdemeanor in California?
The answer depends largely on whether anyone was injured and what actions the driver took after the accident. This guide explains how California law treats hit and run offenses, the penalties involved, and what you should do if you are facing charges.
What Is Considered a Hit and Run in California?
Under California law, a hit and run occurs when a driver involved in a traffic collision fails to stop and fulfill certain legal responsibilities.
A driver involved in an accident must:
-
Stop immediately at the scene
-
Provide their name and address
-
Provide vehicle registration information if requested
-
Show a driver’s license upon request
-
Render reasonable assistance if someone is injured
-
Report the accident when legally required
Importantly, fault does not matter. Even if the accident was not your fault, you are still legally required to stop and exchange information.
Failing to do so can lead to criminal charges.
The Key Difference: Property Damage vs. Injury
In California, hit and run charges fall into two main categories:
-
Misdemeanor hit and run
-
Felony hit and run
The primary difference between the two is whether the accident resulted in injury or death.
Misdemeanor Hit and Run (Property Damage Only)
A hit and run is typically charged as a misdemeanor when the accident resulted in property damage only and no one was injured.
Common examples include:
-
Hitting a parked car and driving away
-
Damaging a fence, mailbox, or garage door
-
Minor collision in a parking lot without leaving contact information
Even if the damage seems small, leaving without providing information can result in criminal charges.
Potential Penalties for Misdemeanor Hit and Run
If convicted, penalties may include:
-
Up to 6 months in county jail
-
Fines up to $1,000 (plus court assessments)
-
Informal probation
-
Restitution for property damage
-
Points on your driving record
-
Possible license suspension
While it may seem minor compared to a felony, a misdemeanor conviction can still impact employment, professional licenses, and insurance rates.
Felony Hit and Run (Injury or Death)
A hit and run becomes a felony when someone is injured or killed in the accident and the driver leaves the scene without fulfilling legal obligations.
It does not matter who caused the accident. Even if another driver was at fault, leaving the scene when someone is injured can result in felony charges.
What Counts as an “Injury”?
Injury can range from minor physical harm to serious bodily injury. Prosecutors evaluate:
-
Physical pain or trauma
-
Broken bones
-
Internal injuries
-
Concussions
-
Permanent impairment
-
Fatalities
The severity of the injury may influence sentencing.
Potential Penalties for Felony Hit and Run
Felony hit and run carries much harsher consequences, including:
-
2 to 4 years in state prison (or more in certain circumstances)
-
Substantial fines that may reach $10,000 or more
-
Formal felony probation
-
Restitution to injured victims
-
A permanent felony record
-
Potential civil lawsuits for damages
In cases involving death or serious injury, penalties can increase significantly.
What Prosecutors Must Prove
To secure a conviction for hit and run, prosecutors must generally prove:
-
You were involved in a motor vehicle accident.
-
You knew or reasonably should have known that an accident occurred.
-
You failed to stop and provide required information or assistance.
-
In felony cases, that someone was injured or killed.
The knowledge element is especially important. If a driver genuinely did not realize an accident occurred, that may be a potential defense.
Common Situations That Lead to Charges
Many hit and run cases arise from panic, confusion, or poor decision-making in stressful moments.
Common scenarios include:
-
Leaving because you were afraid of being arrested
-
Not noticing you clipped another vehicle
-
Thinking the damage was too minor to report
-
Believing you were not at fault
-
Driving away before police arrived
Unfortunately, even a brief departure from the scene can lead to charges.
Defenses to Hit and Run Charges
Every case is different, but possible defenses may include:
Lack of Knowledge
If you did not know a collision occurred and a reasonable person would not have known, the prosecution may struggle to prove intent.
No Actual Injury
In felony cases, if no injury occurred, the charge may be reduced to a misdemeanor.
You Complied With Legal Requirements
If you left information in a visible location or attempted to provide assistance, that may satisfy legal obligations depending on the circumstances.
Mistaken Identity
In some cases, witnesses misidentify a vehicle or driver, especially in nighttime or chaotic situations.
Emergency Circumstances
Certain emergency situations may provide context that affects how the case is evaluated.
An experienced defense attorney examines police reports, body camera footage, surveillance video, and witness statements to identify weaknesses in the prosecution’s case.
Additional Consequences Beyond Criminal Penalties
Many people underestimate the long-term impact of a hit and run conviction.
Potential collateral consequences include:
-
Increased auto insurance premiums
-
Difficulty obtaining employment
-
Professional licensing issues
-
Immigration consequences for non-citizens
-
Civil lawsuits from injured parties
Felony convictions can have life-altering effects, including loss of certain civil rights.
What To Do If You Are Being Investigated
If law enforcement contacts you about a hit and run:
-
Do not admit fault or provide detailed statements without legal counsel.
-
Do not attempt to contact alleged victims directly.
-
Preserve any photos, dashcam footage, or evidence.
-
Consult a criminal defense attorney immediately.
Early legal intervention can sometimes prevent charges from being filed or reduce the severity of the case.
Frequently Asked Questions
Is hit and run always a felony in California?
No. It is typically a misdemeanor when only property damage occurred. It becomes a felony when someone is injured or killed.
Can charges be reduced?
In some cases, felony charges may be reduced to misdemeanors depending on the facts and negotiations.
Can I go to jail for a first offense?
Yes. Even first-time offenders can face jail time, though alternatives such as probation may be available.
Does it matter who caused the accident?
No. Fault for the accident is separate from the duty to stop and provide information.
Why Legal Representation Matters
Hit and run cases often involve complex factual disputes and serious penalties. Prosecutors may rely on circumstantial evidence, witness identification, and accident reconstruction.
An experienced criminal defense attorney can:
-
Challenge evidence and witness credibility
-
Negotiate reduced charges
-
Advocate for alternative sentencing
-
Protect your rights during investigation
-
Build a strong defense strategy tailored to your case
The sooner you involve a criminal defense attorney, the more options may be available.
Contact Southwest Legal Today
If you are facing misdemeanor or felony hit and run charges in Southern California, do not wait to protect your future. Southwest Legal understands how stressful and overwhelming criminal charges can be. Our team is committed to protecting your rights, examining every detail of your case, and fighting for the best possible outcome. Whether you are under investigation or have already been charged, early action can make a significant difference. Contact us today to schedule a free, confidential consultation and start building your defense. Your future deserves strong legal advocacy.