Los Angeles Hit and Run Defense: What You Need to Know About California Hit and Run Charges
Facing a hit and run charge in Los Angeles can be a daunting experience, with serious consequences that may affect your driving privileges, finances, and even your freedom. At Rogers | Beltran LLP, our experienced Los Angeles hit and run defense attorneys are dedicated to helping you navigate the complexities of California’s hit and run laws. Below, we provide a detailed overview of the types of hit and run charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you protect your rights.
Types of Hit and Run Charges in California
In California, hit and run offenses are governed by California Vehicle Code § 20001 (for accidents involving injury or death) and California Vehicle Code § 20002 (for accidents involving property damage). These charges vary based on the nature of the incident and its consequences. Understanding the type of charge you’re facing is crucial for building an effective defense.
1. Misdemeanor Hit and Run (VC § 20002)
- Description: Occurs when a driver leaves the scene of an accident involving only property damage (e.g., hitting a parked car) without stopping to provide contact and insurance information or notifying the property owner.
- Key Factors: No injury or death is involved; applies to minor accidents like fender benders.
2. Felony Hit and Run (VC § 20001)
- Description: Occurs when a driver leaves the scene of an accident that results in injury or death without stopping to identify themselves, render aid, or contact authorities.
- Key Factors: Severity depends on the extent of injury (minor injury vs. serious bodily injury or death).
3. Hit and Run with Aggravating Factors
- Description: Certain circumstances can enhance penalties, such as leaving the scene of a DUI-related accident or having prior convictions.
- Key Factors: May elevate a misdemeanor to a felony or increase sentencing.
4. Hit and Run Involving Unattended Property
- Description: A subset of misdemeanor hit and run, where a driver damages unattended property (e.g., a mailbox) and fails to locate the owner or leave a note with contact information.
- Key Factors: Less severe but still carries legal consequences.
What the District Attorney Must Prove in a Hit and Run Case
To secure a conviction for a hit and run in Los Angeles, the DA must prove the following elements beyond a reasonable doubt:
- Involvement in an Accident: The prosecution must show you were involved in a collision, whether it caused property damage, injury, or death.
- Knowledge of the Accident: You knew, or reasonably should have known, that you were involved in an accident. This can include hearing a crash or feeling an impact.
- Failure to Stop and Comply: You willfully failed to:
- Stop at the scene.
- Provide your name, contact information, and insurance details (for property damage cases).
- Render reasonable assistance or contact emergency services (for injury or death cases).
- Driving the Vehicle: The DA must prove you were the driver, not just a passenger.
The prosecution relies on evidence such as witness statements, surveillance footage, vehicle damage, and police reports. An experienced Los Angeles hit and run attorney can challenge this evidence to weaken the DA’s case.
Common Defenses to Hit and Run Charges in Los Angeles
A skilled defense attorney can explore several strategies to fight hit and run charges. Common defenses include:
- No Knowledge of the Accident:
- If you were unaware of the collision (e.g., a minor scrape in heavy Los Angeles traffic), you cannot be held liable for willfully leaving the scene.
- Example: You didn’t notice minor damage to another vehicle in a crowded parking lot.
- Not the Driver:
- If you were not driving the vehicle at the time of the accident, you cannot be charged with hit and run.
- Example: A friend borrowed your car and was involved in the incident.
- Compliance with Legal Duties:
- If you stopped and fulfilled your legal obligations (e.g., left a note for property damage or called for help), you may not be guilty of hit and run.
- Example: You left a note with your contact information on a damaged parked car.
- Emergency or Safety Concerns:
- If you left the scene due to a reasonable belief that staying posed a danger (e.g., unsafe location or threat of violence), this can be a defense.
- Example: You moved your car to a safer location after an accident and then reported it.
- Lack of Evidence:
- The prosecution may lack sufficient evidence to prove you were involved or knowingly left the scene.
- Example: No witnesses or video footage link you to the accident.
- Mistaken Identity:
- If you were misidentified as the driver, your attorney can challenge witness or police reports.
- Example: Another vehicle with a similar description was involved.
At Rogers | Beltran LLP, our Los Angeles hit and run lawyers will thoroughly investigate your case to identify the strongest defense strategy tailored to your situation.
Potential Penalties for Hit and Run Convictions in California
The penalties for a hit and run conviction in California depend on the charge, the severity of the accident, and your criminal history. Below is an overview of potential consequences as of July 2025:
Misdemeanor Hit and Run (VC § 20002)
- Jail Time: Up to 6 months in county jail.
- Fines: Up to $1,000 (plus court fees, which can increase the total significantly).
- Probation: Up to 3 years of informal probation.
- Restitution: Payment for property damage caused.
- License Points: 2 points on your DMV record, potentially leading to license suspension.
Felony Hit and Run (VC § 20001)
- Prison Time: 2, 3, or 4 years in state prison (up to 7 years if great bodily injury or death occurs).
- Fines: Up to $10,000 (plus fees).
- Restitution: Payment for medical expenses or other damages to victims.
- License Suspension: Possible suspension or revocation by the DMV.
- Felony Record: Impacts employment, housing, and other opportunities.
Additional Consequences
- Increased Insurance Premiums: A conviction can lead to higher rates or loss of coverage.
- Civil Liability: Victims may file lawsuits for damages, leading to additional financial burdens.
- Immigration Consequences: Non-citizens may face deportation or visa issues.
- Professional License Issues: Affects licenses for professions like law, medicine, or commercial driving.
What Else Should You Know About Hit and Run Charges in Los Angeles?
A hit and run charge is more than just a traffic violation—it can have lasting consequences. Here are additional details to help you understand the process and protect yourself:
The Hit and Run Process in Los Angeles
- Investigation: Police may identify you through witness statements, license plate records, or surveillance footage. If you’re not immediately caught, you may receive a notice to appear in court.
- Arraignment: You’ll appear in court to enter a plea (guilty, not guilty, or no contest).
- DMV Consequences: While hit and run doesn’t automatically trigger a DMV hearing like a DUI, accumulating DMV points or a felony conviction can lead to license suspension.
- Court Proceedings: Your case may involve pre-trial motions, plea negotiations, or a trial. Many cases are resolved through plea deals, such as reducing a felony to a misdemeanor.
Why You Need a Los Angeles Hit and Run Attorney
Navigating a hit and run case without legal representation is risky. An experienced attorney can:
- Challenge the prosecution’s evidence to seek a dismissal or reduction of charges.
- Negotiate plea deals to minimize penalties (e.g., reducing a felony to a misdemeanor).
- Represent you in court to protect your rights and fight for the best outcome.
- Mitigate DMV consequences to preserve your driving privileges.
At Rogers | Beltran LLP, our Los Angeles hit and run defense attorneys have a proven track record of helping clients avoid the harshest consequences of these charges.
How to Protect Yourself After a Hit and Run Allegation
- Do Not Admit Guilt: Avoid discussing the incident with anyone except your attorney, as statements can be used against you.
- Gather Evidence: Document any relevant details, such as the accident location, time, or witnesses, and provide them to your attorney.
- Contact an Attorney Immediately: Early legal intervention can prevent charges from escalating or help resolve the case before formal charges are filed.
- Report the Incident (If Safe): If you left the scene but later realize you should report it, consult your attorney first to avoid self-incrimination.
Los Angeles-Specific Considerations
- Urban Environment: Los Angeles’s busy streets and parking lots can make minor collisions harder to notice, supporting a “no knowledge” defense.
- Local Courts: Hit and run cases are heard in many courthouses of the Los Angeles County Superior Court including the Metropolitan Courthouse and the Van Nuys Courthouse, amongst others. Misdemeanor charges are often prosecuted by the Los Angeles City Attorney’s Office and felony charges are often prosecuted by the Los Angeles District Attorney’s Office (the DA’s Office sometimes also handles misdemeanor hit and run cases depending on the city where the incident occurred).
- Police Enforcement: LAPD actively investigates hit and run cases, especially those involving injuries, using advanced tools like traffic cameras.
Contact Rogers | Beltran LLP for Top Notch Hit and Run Defense in Los Angeles
A hit and run charge doesn’t have to derail your life. At Rogers | Beltran LLP, our skilled Los Angeles hit and run attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing a misdemeanor or felony hit and run charge, we have the expertise to build a strong defense.
Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.