When Does a Hit and Run Become a Felony?

In California, a hit and run can quickly escalate from a minor traffic mistake to a life-altering felony. Understanding when a hit and run becomes a felony is essential if you or a loved one are facing an investigation by law enforcement. If you are in this situation, Rubin Law, P.C. offers the experienced criminal defense you need to protect your future.

The Legal Threshold: Misdemeanor vs. Felony Hit and Run

California law is very clear about what you must do after a car accident. Whether you are at fault or not, you are legally required to stop and exchange information. The difference between a misdemeanor and a felony usually depends on what—or who—was hit.

• Property Damage (VC 20002): If you hit a parked car, a fence, or even a pet, and no people are hurt, it is typically a misdemeanor.
• Injury or Death (VC 20001): This is the "Felony Hit and Run" statute. If any other person—a passenger, another driver, a cyclist, or a pedestrian—is injured or killed and you leave the scene, the state can charge you with a felony.

Factors That Elevate Your Case to a Felony Charge

Not every injury leads to the same level of felony charge. Prosecutors look at several specific factors when deciding how to handle your case.

The Severity of Injuries

In California, there is a legal distinction between a "simple" injury and a "serious bodily injury." A simple injury might be a bruise or a small cut. A serious injury includes things like broken bones, concussions, or anything requiring surgery. The more severe the injury, the more likely you are to face the maximum felony penalties.

The "Wobbler" Nature of Hit and Run

In the California legal system, a "wobbler" is a crime that can be charged as either a misdemeanor or a felony. A hit and run involving a minor injury is a classic wobbler. Prosecutors at the Los Angeles District Attorney’s office will "wobble" the charge based on:

• Your prior criminal record.
• How fast you were going.
• Whether alcohol or drugs were involved.
• The level of cooperation you showed later.

A skilled attorney at Rubin Law, P.C. knows how to negotiate with prosecutors early in the process to argue that a case should "wobble" down to a misdemeanor.

Penalties and Long-Term Consequences

A felony conviction stays with you forever. It is much more than just a mark on your driving record; it is a permanent criminal history.

Prison Time and Fines

If convicted of a felony hit and run under VC 20001, you could face:

• State Prison: 2, 3, or 4 years for accidents involving death or serious injury.
• Heavy Fines: Fines can range from $1,000 to $10,000, not including court fees.
• Restitution: You will be ordered to pay the victim back for their medical bills and lost wages.

Professional Collateral Damage

For many people in Los Angeles, the biggest fear isn't jail—it’s losing their job. A felony conviction can trigger an automatic review by state licensing boards. If you are a nurse, a teacher, a lawyer, or a real estate agent, a felony hit and run can result in the suspension or loss of your professional license.

Strategic Defense: How Rubin Law, P.C. Approaches Your Case

Facing a felony charge can feel hopeless, but there are several powerful legal defenses available. Rubin Law, P.C. meticulously investigates every detail to build a defense that works.

The "Lack of Knowledge" Defense

To be guilty of a hit and run, you must have known that an accident occurred. If you were driving a large SUV and clipped a small bicycle, or if the weather was so bad you thought you hit a pothole rather than a person, you may not be legally liable.

The "Only Property Damage" Defense

Sometimes, victims claim they were injured just to increase an insurance payout. If we can prove through medical experts that no actual injury occurred at the scene, the felony charge must be dropped or reduced to a misdemeanor.

Emergency or Duress

In rare cases, a driver leaves the scene because they feel their life is in danger. If an angry crowd gathered or the other driver threatened you with a weapon, leaving the scene to find a safe place to call the police is a valid defense.

What to Do If You Are Being Investigated

If the police have called you or left a business card at your door, you are likely under investigation for a hit and run.

The Danger of "Self-Reporting" Without Counsel

Many people think they can "explain" what happened to the police. However, anything you say can be used to prove you were the driver and that you knew an accident happened. You have a Fifth Amendment right to remain silent. Before you speak to any investigator, you should contact Rubin Law, P.C. In some misdemeanor cases, California law allows for a "Civil Compromise." This means that if you pay the victim for their damages and they agree not to pursue the case, the judge can dismiss the criminal charges entirely. While this is rarely allowed for felonies, a strong defense can sometimes get a felony reduced to a misdemeanor first, making a civil compromise possible.

Frequently Asked Questions (FAQ)

Can I be charged with a felony if the other person hit me? Yes. In California, your duty to stop and exchange information does not depend on who was at fault. Even if the other driver caused the crash, you can still face felony charges if they were injured and you drove away.

What if I didn't realize someone was hurt until I got home? The law requires you to stop if you should have known that injury was probable. If the impact was significant, a jury might decide you should have checked for injuries. This is why immediate legal advice is critical.

Will I go to jail for a first-time felony hit and run in Los Angeles? Not necessarily. While the law allows for prison time, many first-time offenders can avoid prison through a "probation and jail" sentence or by having the charges reduced with the help of a firm like Rubin Law, P.C.

Can a felony hit and run be expunged from my record later? In California, many felony hit and run convictions can eventually be reduced to misdemeanors and then expunged once you complete your probation. However, the points on your DMV record usually remain.

Can I be charged if I hit a parked car and left a note? If you hit a parked car, you must leave a note with your name, address, and an explanation of what happened. If you leave a note, you have fulfilled your legal duty under the misdemeanor statute (VC 20002) and should not face criminal charges.

Contact Rubin Law, P.C. for a Free Consultation

If you are worried that a hit and run accident is about to become a felony conviction, do not wait for the police to come to you. Early intervention by an attorney is the best way to prevent a formal filing and protect your clean record.

Contact Rubin Law, P.C. today at (213) 529-5412 or visit our website to schedule your confidential case evaluation. We serve clients throughout Los Angeles and Southern California with the aggressive, empathetic defense they deserve.