If you’re a California driver, you need to know about the state’s hit and run laws, even before car accidents occur.

If your car gets into an accidental collision with a parked vehicle, you can’t just drive away and pray that there are no witnesses.

If you do that, it would fall under California Vehicle Code § 20002 as a misdemeanor hit and run. It states that an individual at fault in a motor vehicle accident cannot leave the scene without properly identifying themselves to the owner of the damaged property. You should leave your contact information for the damaged vehicle’s owner

If the car accident involves bodily injury or fatalities, it would fall under California Vehicle Code § 20001, which may make it a felony.

We’ll discuss the details of these vehicle codes below, including the prohibitions, penalties, and defenses. If you want to know more about your specific case, it’s best to contact an experienced criminal defense lawyer. Our Upland lawyers from the Law Offices of Marc Grossman are your best bet to help you when you get into a hit and run accident.

Misdemeanor: California Vehicle Code § 20002

Prohibitions

You may be guilty of a misdemeanor hit and run if:

• There is damage to another person’s property.
• You leave the accident scene;
• You did not identify yourself to those involved.>

For a conviction, the prosecutor must prove that:

• The defendant was involved in a vehicular accident while driving;
• The accident damaged the property of another party;
• The defendant was aware of the accident and that damage occurred;
• The defendant knowingly failed:
  • To stop at the scene;
  • To provide the victim of property damage the driver’s name, their address, the owner of the vehicle, if they’re another person.

As it is a misdemeanor, the possible sentence and penalties include the following:

• Up to $1000.00 in fine
• Up to six months of county jail time
• Render restitution for the damages
• Two points on a California driving record
• Three years of probation

Defenses

No damage occurred

An essential element for a conviction is that there is damage. If the prosecution cannot prove that the driver knows that damage occurred, they cannot prove the crime.

The driver failed to realize an accident happened

Another important element to prove a hit and run occurred is that the driver knowingly leaves the scene after an accident. If the automobile accident was so minor to be noticed, then it may be that the driver did not know that an accident occurred. Thus, they could not have willfully failed to leave their contact information.

Only the driver’s car was damaged

If the driver only caused damage to their property, then the prosecution cannot prove another essential element: damage to another person’s property.

Of course, each case is different. Schedule a free consultation with an Upland accident lawyer from the Office of Marc Grossman. Contact us now!

California Vehicle Code § 20001

Penal Code § 20001 may either be a felony or a misdemeanor.

The biggest difference from the previous Vehicle Code is the involvement of harm to another person. It’s a hit and runs under Vehicle Code § 20001 if the driver fled the scene of the vehicle crash after causing wrongful death or bodily injury.

Penalties

If the conviction is a misdemeanor, then the punishment is:

• Up to one year in county jail
• Up to $10,000.00 in fines

If it’s a felony, the punishment would also include:

• Up to 3 years locked up in state prison;
• 2–4 years imprisonment if serious injuries or death are involved.

No matter if it’s a misdemeanor or a felony, a hit-and-run case should not be taken lightly. Reckless driving, speeding, or negligence can cause pain and suffering for both the party at fault and the accident victim. If you’ve been in a car accident, call a car accident attorney immediately for legal representation.

Our Upland, California car accident attorneys from the Law Offices of Marc Grossman have handled countless cases of hit and run accidents. We’ll review your car accident case and craft the best possible defense strategy to get rid of the charge or to seek the least penalty possible. Contact our office today to schedule your free initial consultation.

Hit-and-run cases are grave traffic offenses in California. Simply put, a hit-and-run accident is a crime where there was a person injured or property damaged, and the offender chooses to flee from the scene after a car accident. There are two types of offenses in the state of California for hit and run, and they are classified as either a misdemeanor (only property is damaged) or a felony offense (people/pedestrians are injured). If you damaged property while driving your car and then fled the scene, you will be charged with a misdemeanor. Misdemeanor charges are common in California, and under the law, even simple car accidents like crashing into someone’s mailbox can be reason enough for a prosecutor to charge crimes against you.

Law in California

According to the California Vehicle Code Section 20002, anyone involved in a vehicular accident while driving which leads to property damage (including vehicles and regardless of the severity) must:

• Stop the vehicle at the nearest location where it won’t impede traffic or compromise the safety of other motorists.
• The driver must then find the owner of the damaged property and inform them of their name and address/contact details.
• If the other driver/motorist or owner/person-in-charge of the property demands more identification, the driver must present their driver’s license and/or vehicle registration.
• If the owner of the property or the driver of the other vehicle isn’t present, the driver must leave a note indicating where to contact him.
• After a car accident, the driver must file a police report or the police department of the city where the accident took place (or the local headquarters of the Department of the California Highway Patrol, if the collision occurred in an unincorporated territory) must also be informed immediately.

Fleeing the scene and failing to do any of what is lawfully required can lead to the driver being charged with criminal offenses, and if convicted, be punished by imprisonment (not exceeding 6 months) in the county jail, and/or pay fines of up to a thousand dollars.

For most people, what they usually think of when they hear of hit-and-run accidents are either people or cars. But a hit-and-run can involve any type of property such as landscapes, mailboxes, and even pets.

In California, hitting a pet or domestic animal is considered damaging property. Under the law, the driver must try to locate and notify the animal’s owner or the local law enforcement.

It’s also important to note that even in situations where you have no-fault or it is not a fatal accident, you can still be charged with a hit-and-run. For example, if another vehicle crashes into your vehicle while driving, and you refused to stop to exchange contact information, you could be charged with a hit-and-run.

If you find yourself involved in a traffic accident and you need legal representation, contact an Upland defense attorney today for a free case evaluation.

Penalties for Hit and Run

Hit-and-runs are punishable by law, and in California, if a hit-and-run case only involves property damage then it’s a case of a misdemeanor. If the verdict of a judge is that you are liable and convicted of a misdemeanor hit and run, the sentence could be years of probation, 6 months of jail time, and/or a fine of up to a thousand dollars. You might also be required by the court to pay restitution to the owner of the property/properties you damaged.

There are also other consequences in a hit and run accidents aside from paying a fine and spending time in jail. In a misdemeanor case, you’ll still be given a criminal record even though there are no accident victims. Driving offenses could limit the scope of the jobs that you can do, or affect your application for a commercial driver’s license. With a driving offense, 2 points will be added to your driving record and if you receive two more points within a year, your driving license can be revoked or suspended.

How We Can Help

The kind of defenses vary from case-to-case, and an experienced criminal defense attorney can help you determine the strongest and best defense available for you.

Don’t wait until it is too late. Talk to our criminal defense lawyers at the Law Offices of Marc Grossman. Contact us today at 855-5664-911 for a free consultation.

In California, Vehicle Code 20001 VC is the law defining felony hit and runs, or the specific criminal offense involving bodily injury. Pursuant to the law, an offender who decides to leave the scene of the accident (wherein the accident victim sustained a serious injury or died) will likely face such a criminal charge and, eventually, a felony conviction.

If the car accident only caused damage to personal property, then the prosecution can only file a misdemeanor charge. However, if the hit and run caused great bodily harm to those involved in the car accident, the prosecutor shall file a felony charge which is a more serious offense.

If the criminal conviction is recorded under misdemeanors, it is punishable by costly fines, penalties, or even imprisonment in county jail meanwhile, criminal offenses that lead to a felony conviction often entail fines and state jail imprisonment as punishment.

Regardless of specific factors, sufficient evidence is necessary to prosecute an individual.  Criminal defense attorneys will be helpful in gathering pieces of evidence to prove the following:

• the defendant was involved in an accident;
• the vehicular accident caused serious injuries or death to another;
• and if the defendant is fully aware of the accident, knowingly and willfully neglected his or her responsibilities as a motorist and fled the scene of the accident without seeking help from police officers, leaving the victims behind.

There are also possible defenses that may be used if you have been falsely accused to have been involved in these types of criminal cases. An experienced criminal defense lawyer will help you throughout the criminal trial.

Defendants are only guilty of violating criminal laws under felony if there is physical harm or fatality involved. The injuries must be proven to be caused by a car accident or a car crash in question. Such is necessary to prove that the defendant is guilty.  Keep in mind, however, that if the accident caused property damage to another vehicle (even if there was no serious bodily injury involved), the defendant may still be sentenced with punishment for a misdemeanor charge.

In some criminal cases involving hit and run, motorists are unable to pull over if there is no safe place to stop their vehicle. It may also depend on the situation of the defendant. He or she may be transporting someone who needs emergency care, and in this case, there would be no time to pull over. This may convince the district attorney to reduce the sentence of the defendant.

A collision happens quickly. If the driver who is at fault fled the scene immediately, then it will be difficult to identify him or her. Hit and run charges may be dismissed if there is not sufficient evidence to prove that the defendant charged with a crime was the one who is driving the vehicle.

Take note that there are also other related criminal charges: misdemeanor hit and run, driving under the influence, and vehicular manslaughter. All are punished accordingly and can be aggravated based on the circumstance, severity, presence of negligence, or if the accident caused bodily harm or death.

Never take lightly anything that is charged against you. Convictions should be avoided at all costs because these may be on your criminal record for a very long time. Consulting a criminal attorney who is knowledgeable about criminal defense law is important for you to protect your legal rights. If you have been charged with these, it is highly advisable to seek help from a criminal defense attorney who can defend you. Call us at the Law Offices of Marc Grossman for a free consultation.