Orange County Criminal Defense Attorney
Tustin, California Call (714) 589-3063
The penalty for leaving the scene of an accident depends primarily on whether the collision involved property damage only, injury or death.
Here is how California's misdemeanor and felony hit-and-run penalties work, and what factors can affect the outcome in Orange County court.
Discuss Your Case Call (714) 589-3063A property-damage hit and run under Vehicle Code §20002 is a misdemeanor punishable by up to six months in county jail and/or a statutory fine of up to $1,000.
Injury-related hit and run under Vehicle Code §20001 can be prosecuted as a misdemeanor or felony. A misdemeanor carries up to one year in county jail. Felony punishment and special sentencing provisions depend on the injuries and applicable subdivision.
In this video, I discuss the potential criminal penalties for hit and run and the factors that can influence the resolution of a case.
The important starting point is whether the accident involved property damage, bodily injury or death.
| Offense | Possible Jail or Prison | Statutory Fine |
|---|---|---|
| VC §20002 Property damage only | Up to 6 months in county jail | Up to $1,000 |
| VC §20001(a), (b)(1) Injury-related hit and run | Up to 1 year in county jail, or felony imprisonment under the applicable statute | Generally $1,000–$10,000 |
| VC §20001(b)(2) Death or permanent serious injury | Special penalty provision: 90 days to 1 year in county jail, or 2, 3 or 4 years of felony imprisonment | Generally $1,000–$10,000 |
These are statutory sentencing ranges, not predictions of what any particular judge will impose. Additional assessments, restitution and other legal consequences may apply.
Vehicle Code §20002 generally applies when a driver is involved in an accident resulting only in damage to property and fails to comply with the applicable duties to stop and provide identifying information.
The offense is a misdemeanor. The statute authorizes up to six months in county jail, a fine of up to $1,000, or both.
The court may also impose probation, restitution and other lawful conditions.
Unlike an injury-related collision, the property-damage offense does not require the prosecution to prove someone was hurt.
Vehicle Code §20001 applies when an accident results in injury or death to another person and the driver fails to perform the required statutory duties.
This offense can be charged as a misdemeanor or felony. The sentencing exposure depends on the particular subdivision and facts.
Under the ordinary injury-related provision, felony punishment is governed by the applicable sentencing statute. Where death or permanent serious injury occurs, Vehicle Code §20001(b)(2) provides a specific felony range of two, three or four years.
A separate charge arising from the collision, such as DUI causing injury or vehicular manslaughter, can substantially change overall sentencing exposure.
A VC §20001 allegation is not necessarily a felony simply because someone suffered an injury. The charging decision, statutory provisions, evidence and case resolution all matter.
A parked-car collision generally falls under Vehicle Code §20002 when only property damage occurs.
Depending on the circumstances, the driver may be required to locate and notify the property owner or leave the information required by the statute and comply with applicable reporting duties.
Leaving without taking the legally required steps can result in a misdemeanor prosecution even if the damage appears minor.
The maximum statutory penalty remains six months in county jail and/or a $1,000 base fine.
There is no universal rule that every misdemeanor hit-and-run conviction must result in probation.
A judge's lawful sentencing options depend on the conviction, applicable law and circumstances.
Some cases may be resolved without actual jail time. Others may involve probation, community service, restitution, fines or custody.
If a case is dismissed, the defendant does not receive a criminal sentence on that charge.
For VC §20002, the maximum base statutory fine is $1,000.
The actual amount ordered may differ, and California penalty assessments and court-related charges can increase the amount beyond the base fine.
Restitution is separate from the statutory fine and can be significant when repair costs or other recoverable losses are involved.
A quote about a typical Orange County fine should not be mistaken for a guaranteed sentence.
In an appropriate first-offense misdemeanor case, the defense may pursue a disposition that does not require actual jail time.
Relevant considerations may include:
These considerations do not create an entitlement to dismissal or a particular sentence.
Some qualifying misdemeanor cases may be evaluated for diversion. See our California Diversion Guide for the general framework.
The extent of injury, circumstances of the collision and additional criminal charges can significantly affect sentencing exposure.
For example, a case involving permanent serious injury or death is treated differently from a minor property-damage collision.
A collision involving alcohol, a separate reckless-driving allegation or multiple injured people may present additional charges and sentencing issues.
The amount of damage can affect restitution and negotiations, but it does not by itself transform a property-damage-only VC §20002 charge into an injury hit-and-run offense.
Yes, depending on the evidence and applicable legal procedures.
Important defense questions can include whether the prosecution can prove the defendant was driving, whether the driver knew about the accident and whether the required statutory duties were violated.
In some cases, witnesses identify a vehicle or license plate but never actually see the driver.
That distinction may be important because proving vehicle ownership is not necessarily the same as proving the accused was driving.
A hit-and-run conviction may also affect a person's DMV record, insurance, employment and restitution obligations.
California Vehicle Code §12810 assigns two negligent-operator points to convictions under VC §20001 and §20002.
A two-point conviction does not mean every driver is automatically suspended, but it can contribute to a negligent-operator action.
The statutory criminal penalty tells you what punishment a court may impose for the charge.
Separate issues—DMV points, insurance, restitution and employment—may continue affecting someone after the criminal case ends.
For those issues, read our Hit and Run Consequences in California guide.
Yes. A first offense can carry jail exposure, although jail is not mandatory in every misdemeanor case.
If the collision caused only property damage, the applicable hit-and-run offense is ordinarily a misdemeanor under VC §20002.
Six months in county jail.
It depends on the statutory subdivision and other charges. The special VC §20001(b)(2) provision for death or permanent serious injury authorizes a felony term of two, three or four years.
Not automatically. Restitution may help address losses and may be relevant to negotiations, but it does not require the prosecutor to dismiss charges.
Yes. Under California Vehicle Code §12810, convictions for VC §20001 and §20002 are assigned two DMV points.
Some misdemeanor cases may qualify for diversion or other dismissal-producing resolutions. Eligibility depends on the applicable program and individual facts.
No. DMV consequences depend on the conviction, driving record and any separate administrative grounds for suspension.
I represent clients facing misdemeanor and felony hit-and-run allegations in Orange County courts.
I can review the charges, evidence, criminal history, restitution and potential sentencing exposure to evaluate your options.
Schedule a Consultation Call (714) 589-3063