Hit and Run Defense Lawyer in San Diego

Hit and run in California means leaving the scene of a collision without stopping to give your information and, if anyone was hurt, without helping the injured. If only property was damaged, it is a misdemeanor under Vehicle Code 20002, punishable by up to six months in county jail and a fine of up to $1,000; if someone was injured or killed, it is charged under Vehicle Code 20001 and can be filed as a felony.

Felony hit and run causing injury carries up to one year in county jail or 16 months, 2 or 3 years in state prison, and a fine of $1,000 to $10,000. When the collision causes death or permanent, serious injury, the range rises to 2, 3 or 4 years in state prison, or 90 days to one year in county jail (Vehicle Code 20001(b)).

You can be charged even if the accident was not your fault, and a conviction can also cost you your driving privileges. An experienced hit and run defense lawyer in San Diego can make a significant difference in how your case resolves.

What Does California Law Require After an Accident?

California law requires every driver involved in an accident to stop at the scene and give their name, address, driver's license and vehicle registration to the other people involved. If anyone was injured, the driver must also render reasonable assistance, including taking the injured person, or arranging for them to be taken, to a doctor or hospital when treatment is needed (Vehicle Code 20003). Leaving without fulfilling these obligations is a crime under Vehicle Code 20001 (accidents involving injury or death) and Vehicle Code 20002 (property damage only). Depending on the nature of the incident, hit and run charges may be classified as either a misdemeanor or a felony, with different penalties for each.

Frequently Asked Questions

What should I do if I'm accused of a hit and run in San Diego?

If you're accused of a hit and run, avoid discussing the incident with anyone except your attorney. Contact an experienced hit and run defense lawyer in San Diego immediately, so they can guide you on the best course of action to protect your rights.

What's the difference between misdemeanor and felony hit and run charges?

In California, hit and run charges involving only property damage are misdemeanors under Vehicle Code 20002, with penalties including fines, potential jail time, and restitution. If the accident involved injury or death, it is charged under Vehicle Code 20001 and can be filed as a felony, which carries harsher penalties, including prison time and larger fines.

Can I still be charged with a hit and run if I wasn't at fault in the accident?

Yes. In California, leaving the scene of an accident without providing your information or assisting the injured can lead to hit and run charges, regardless of fault. This is why it's essential to remain at the scene, exchange information, and provide aid if needed.

What are the penalties for a misdemeanor hit and run in San Diego?

Penalties for a misdemeanor hit and run can include up to 6 months in jail, fines of up to $1,000, potential loss of your driver's license, and restitution for any property damage. A skilled defense attorney may be able to reduce these penalties or negotiate alternative sentencing options.

How can a hit and run defense lawyer help me with my case?

A hit and run defense attorney in San Diego can help in many ways, from gathering evidence and interviewing witnesses to negotiating with prosecutors on your behalf. They can also build a defense strategy around mistaken identity, lack of awareness, or the fact that you left to get an injured person medical help.

Can I fight a hit and run charge if I wasn't aware I caused damage?

Yes, lack of awareness is a valid defense in some cases. If you genuinely did not know you were involved in an accident or caused damage, your attorney can work to prove this, which may help to reduce or dismiss charges.

What happens if I'm convicted of a felony hit and run?

A felony hit and run conviction can result in 16 months, 2 or 3 years in state prison when someone was injured, or 2, 3 or 4 years when the collision caused death or permanent, serious injury, along with a fine of $1,000 to $10,000 and other penalties such as probation, restitution payments, and loss of driving privileges. Convictions can also make you liable for civil lawsuits from injured parties.

Is it possible to get a hit and run charge dismissed?

In some cases, hit and run charges can be dismissed, especially if you have a strong defense, such as evidence of stopping to help, mistaken identity, or paying restitution. An experienced defense lawyer will evaluate the specifics of your case to determine the best strategy.

Can I be charged with a hit and run if I left to get medical help?

California law requires a driver to help anyone injured in the accident, including taking them, or arranging for them to be taken, to a doctor or hospital when treatment is needed (Vehicle Code 20003). Leaving to get an injured person medical care is part of that duty, but you must still give your information to the people involved and to any officer at the scene. A defense attorney can help show that your actions met those requirements.

How soon should I contact a lawyer after a hit and run incident?

It's best to contact a hit and run lawyer in San Diego as soon as possible after the incident. Early legal guidance can make a substantial difference, helping you avoid missteps that could negatively affect your case.

Types of Hit and Run Charges

Hit and Run Involving Bodily Injury or Fatality (VC 20001)

Under VC 20001, if an accident results in injury or death, leaving the scene can result in felony charges. This carries the potential for prison time, substantial fines, and loss of driving privileges. Even if you were not at fault for the accident, failing to remain at the scene and assist the injured can lead to criminal prosecution. If the driver who flees is convicted of vehicular manslaughter while intoxicated (Penal Code 191.5) or with gross negligence (Penal Code 192(c)(1)), Vehicle Code 20001(c) adds five years in state prison, consecutive to the manslaughter sentence, when the fleeing allegation is charged and then admitted or found true. Vehicular manslaughter without gross negligence under Penal Code 192(c)(2) does not carry this added term.

Hit and Run Involving Property Damage (VC 20002)

Accidents that involve property damage only, such as damage to another vehicle or property, are charged as misdemeanors. Drivers are still legally required to stop, give their name and address and, when asked, show their license and registration to the owner or driver, or leave a written note on the damaged vehicle or property and notify the police or the CHP. In cases of misdemeanor hit and run, penalties can include jail time, fines, and possible restitution payments.

What Are the Penalties for Hit and Run in California?

Potential Penalties for Hit and Run Convictions

The severity of hit and run penalties depends on factors such as the extent of any injury, awareness of the accident, and past driving history. A hit and run defense attorney in San Diego can help reduce or avoid penalties by building a strong defense strategy.

• Misdemeanor Hit and Run Penalties (VC 20002): Up to 6 months in county jail, fines up to $1,000, potential restitution payments, and possible loss of driving privileges.
• Felony Hit and Run Penalties (VC 20001): Up to one year in county jail or 16 months, 2 or 3 years in state prison when someone was injured; 2, 3 or 4 years in state prison, or 90 days to one year in county jail, when the collision caused death or permanent, serious injury; and a fine of $1,000 to $10,000, along with probation, restitution payments, and loss of driving privileges. Felony convictions may also increase the likelihood of civil lawsuits from injured parties or family members of victims.

Effective Defense Strategies for Hit and Run Charges

Defending a hit and run case effectively requires thorough legal knowledge and strategy. At the Law Office of Marc S. Kohnen, we understand each case is unique and develop personalized defense plans. Here are common defenses we use:

• Proof of Assistance: If you stopped to help or called emergency services, we'll present this evidence to counter claims of fleeing the scene.
• Mistaken Identity: We address false accusations and cases of mistaken identity, showing evidence that you were not the driver involved.
• Getting Medical Help: The law requires drivers to help the injured, including taking them for medical treatment (Vehicle Code 20003). If you left to get someone medical care, we build the defense around that duty.
• Restitution for Property Damage: For cases involving property damage, making restitution payments can sometimes lead to dismissed charges. We present evidence of your efforts to make amends, which can positively affect your case.

What Affects the Sentence in a Hit and Run Case?

Several factors affect how judges sentence a hit-and-run conviction: the injuries or property damage, whether you were aware of the collision, your driving record and the other circumstances of the case. The legal counsel you hire can also make a real difference.

For a misdemeanor hit and run, you can face up to six months in jail and a fine of up to $1,000, and the court can order you to pay restitution. Losing your driving privileges is another possible consequence.

For a felony hit and run, the sentence can include prison or jail time, a fine of $1,000 to $10,000, a longer probation period with strict terms, additional restitution and loss of driving privileges.

A conviction can also increase your chances of facing a lawsuit, filed either by the injured party or by the family members of someone killed in the accident.

What Defenses Are Available for a Hit and Run Charge?

If you've been thinking of defending your case alone, make no mistake: the stakes are higher than simply understanding how the California Vehicle Code works. An experienced hit-and-run lawyer in San Diego can make a real difference.

At the Law Office of Marc S. Kohnen, we realize each case is unique. That's why we don't adopt a one-size-fits-all approach. Instead, we explore each option that can help build a strong defense. These options can include proving you stopped and rendered assistance following an accident.

Since false accusations are frequently coupled with hit and run cases, we also present evidence of mistaken identity to prove your innocence.

If you left the scene to get an injured person medical care, which the law requires drivers to arrange when treatment is needed, we build the defense around that duty.

In cases where a compromise is possible through repayment for property damage, we provide the court with evidence that you paid the restitution amount. In turn, this can lead to the criminal charges being dismissed.

Marc has taken a felony hit and run case to jury trial and won a NOT GUILTY verdict. Every case is different, and prior results do not guarantee a similar outcome.

Book an Initial Consultation with a Hit and Run Defense Attorney

The social stigma involved and the fear of losing driving privileges are enough to push anyone into rash decisions. It's always advisable to contact a hit-and-run lawyer in San Diego without delay.

Meeting an experienced defense attorney doesn't only help in evaluating your case options; it can also relieve some of the weight you're carrying. We'll assess your case in detail and help you navigate the legal process.

Contact us today for an initial, no-obligation consultation.

Case Results: Hit & Run with Injury

• Felony Hit and Run Causing Injury (Vehicle Code §20001(a)): Case dismissed.
• Felony Hit and Run (Vehicle Code §20001(a)): NOT GUILTY verdict at trial.

Every case is different. Prior results do not guarantee a similar outcome. See all case results.