There are 2 different sections of the California Vehicle Code under which the criminal offense of “Hit & Run” can be prosecuted.
In Los Angeles, VC 20002(a) involves collisions that resulted in only property damage, with no injuries to any person other than the driver. These are prosecuted as a misdemeanor criminal offense.
On the other hand, Hit & Run charges under VC 20001(a) are usually more serious. These charges involve vehicle collisions that resulted in injury or death to another person. This is a much more serious crime and is known as a “wobbler” offense, meaning it can be either a misdemeanor or felony charge.
Whether you’re charged with a misdemeanor or felony Hit & Run with injury depends on the circumstances of the collision, such as the severity of the injuries sustained by the other party.
VC 20002(a) – Misdemeanor Hit & Run
VC 20002(a) is a misdemeanor traffic crime. This vehicle code defines a Hit & Run as any driver’s attempt to flee the scene of a non-injury collision without exchanging information such as car registration, insurance, driver’s license, and current contact information.
Even if you were not at-fault for the collision, failing to provide your insurance information can result in you being prosecuted. The best defense for a VC 20002(a) Hit & Run charge depends on the specific facts of a case.
If you’ve found yourself facing charges for a Hit & Run involving property damage in Los Angeles, you face these potential penalties:
- Misdemeanor criminal record
- Informal or unsupervised probation
- 2 points on your DMV driving record
- Up to 6 months in County Jail
- Fines of up to $1,000
VC 20001(a) – Felony Hit & Run With Injury
The most serious Hit & Run vehicle code statute is VC 20001(a), otherwise known as a Hit & Run with injury. This is a “wobbler” offense, meaning you can either be charged with a misdemeanor or a felony. The consequences for a VC 20001(a) conviction are typically much more serious than a Hit & Run only involving property damage.
If you are charged with a felony Hit & Run in Los Angeles, you face these potential penalties:
- Misdemeanor or felony criminal record
- Information probation (misdemeanor) or Formal Supervised probation (felony)
- 2 points on your DMV driving record
- Up to 1 year in County Jail (misdemeanor) or up to 3 years in California State Prison (felony)
- An additional 4 years in California State Prison (felony with great bodily injury (GBI) sentencing enhancement)
- Fines of up to $1,000 (misdemeanor) or up to $10,000 (felony)
What Happens After A Hit & Run Is Reported?
To better understand what your next steps should be, it’s important for you to first get familiar with the Los Angeles criminal investigative process that begins directly after a Hit & Run offense is reported to police.
The first thing to consider is whether law enforcement has enough information to locate you. If any witnesses or victims recorded your license plate number, or followed you after you fled the collision, the police would have enough information to locate you (or the registered owner of the car you were driving at the time of the collision). If the registered owner of the vehicle is someone other than you, they will be contacted by law enforcement and pressured to reveal your identity so that you can be charged.
Regardless of how your information is obtained by the police, the next step in a Hit & Run investigation involves you being initially contacted by the detective in one of the following ways:
- Phone call
- Letter
- Directly in-person
Of course, if witnesses or victims were unable to capture your license plate number, and you were not followed, the likelihood of you being tracked down by law enforcement is much lower. However, it is often difficult to be certain that you are “in the clear.” Therefore, it is recommended that you consult with a knowledgeable attorney as soon as possible if there is any chance you might face charges for a hit-and-run offense.
Do I Have To Answer The Detective’s Questions?
You are not required nor obligated to answer any questions asked by a detective in connection with any crime. If you receive a letter from a detective, you do not have to respond. This goes beyond just Hit & Run offenses.
It is normal to feel conflicted about your decision to remain silent for fear that you will appear “guiltier” or receive harsher penalties. Keep in mind that your right against self-incrimination is a Constitutionally protected right. Exercising that right does not create any additional evidence to be used against you, and penalties will only be determined by the facts of the crime itself.
Do I Have To Answer Questions From An Insurance Adjuster?
If your insurance or the other party’s insurance contacts you after a Hit & Run collision, you are not required to speak with them. You should actually avoid making any statements regarding your case to anyone, including your insurance company.
Your oral statements to insurance companies are often recorded and can be used as evidence against you in criminal court. The same goes for written statements, even if they are just for the purpose of insurance claims. It is always best to immediately consult with an experienced hit and run defense attorney before answering any questions asked of you.
It is never a good idea to give a false statement to any insurance company in an attempt to incriminate yourself. If you do, you could be charged with felony insurance fraud, felony perjury, or both. These are very serious charges that will absolutely complicate the process of a Hit & Run investigation and, in the end, make it much more painful for you.
A Los Angeles hit and run defense attorney has plenty of experience in dealing with both insurance companies and the criminal courts throughout the LA Superior Court system. Contact our law office today to connect with a knowledgeable professional and protect your rights.
What You Should Do After A Hit And Run In LA
In our experience of defending hit and run cases in Los Angeles and throughout Southern California, our law firm has encountered many different scenarios involving Hit & Run charges.
The first most crucial aspect of your case to consider is determining whether you were, or could have been, identified as the driver. This detail can have a significant impact on the prosecution’s case against you. This is why it is so important to avoid speaking to police if they contact you.
Many of our clients facing Hit & Run charges are proactive. They reach out and retain our legal services before receiving police contact or responding to any inquiries from insurance companies. This gives us a head-start in handling their case by allowing us to respond to questions on our clients’ behalf. We will also proactively seek pre-filing resolutions and prevent criminal charges from being filed, often resulting in the best possible outcome for our client.
Learn How To Avoid A Hit & Run Conviction And Jail
There are very few Southern California criminal defense firms that have the necessary experience and expertise to assist Hit & Run clients. At Law Offices of Christopher Chaney, we are driven by consistent results and strive to achieve all our clients’ goals.
If you have been targeted, arrested, or contacted in connection with a felony or misdemeanor Hit & Run, do not hesitate to contact our Los Angeles law office immediately for a confidential, comprehensive consultation. We will review all the facts of your case and come up with the proper defense needed to reduce or prevent the charges you are facing.
