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Car accidents can be extremely overwhelming and disorienting. In the chaos of the aftermath, you might feel tempted to leave the scene without talking to the other driver. Perhaps you want to pretend the accident didn’t happen or subconsciously avoid taking accountability for it.
But doing so isn’t a good idea. In fact, it’s against the law.
Is leaving the scene of a car accident a felony in California? This crime can be charged as a felony or a misdemeanor, depending on the level of damage produced in the accident.
When Is a Hit-and-Run a Misdemeanor vs. a Felony?
Leaving the scene of a car accident without speaking to the other driver and providing your contact information is considered a "hit-and-run." Whether you did this intentionally or unintentionally, you may face criminal charges.
Under California Vehicle Code section 20002, a hit-and-run only involving property damage, not injury or death, is considered a misdemeanor. You may be charged with this crime if you did not:
- Immediately stop at the accident scene
- Give the other driver your name and address (or the address of the car’s owner, if that was not you)
- Give the other driver your vehicle registration and driver’s license number if requested
If you cause visible property damage to another vehicle and the driver is not around, you must leave the above information in a note and explain what happened. You should also file a police report.
Meanwhile, California Vehicle Code section 20001 pertains to accidents involving injury or death. You are required to:
- Immediately stop at the accident scene.
- Provide your name, address, vehicle registration, driver’s license, and the name and address of the vehicle’s owner if it is not you.
- Give reasonable assistance to anyone injured.
- Report the incident to the police department or California Highway Patrol within 24 hours.
Failing to perform any of these actions after an accident involving injuries could lead to felony charges. However, criminal charges for hit-and-runs involving injuries are "wobblers" in California, meaning they can be charged as misdemeanors or felonies depending on factors like your criminal history and the severity of the injuries.
Potential Penalties for Leaving the Scene of a Car Accident
The potential penalties you might face for leaving an accident scene in California depend on the level of the damage. However, you might face serious hit-and-run consequences if you fled the accident scene for both misdemeanors and felonies.
The California hit-and-run penalties for misdemeanor charges include:
- Up to 180 days in a county jail
- Up to three years of informal probation
- Up to $1,000 in court fines and penalties
- Restitution to the victim (a.k.a. paying to repair their damage or make up for other losses)
If you were charged with a misdemeanor for an accident involving injuries, you might face up to one year in a county jail. If the crime was charged as a felony, your penalties might include:
- 16 months to three years in a state prison
- Fines ranging from $1,000 to $10,000
- Restitution to the victim
In either case, a hit-and-run in California will lead to a license suspension of at least one year and two points on your driving record.
Call Our Attorneys If You Were Charged With a Felony Hit-and-Run in California
Is leaving the scene of a car accident a felony in California? If the accident involved injuries or death, it can be charged as a felony vehicular offense. Our attorneys at The Law Office of Elliott Kanter can help you defend your charges and effectively navigate the legal process.
Call us today at 619-231-1883 or fill out our online form for a consultation with our criminal defense attorneys.
