Defending Against Felony Hit and Run Charges (Vehicle Code § 20001) in California

Arrested or Under Investigation for Felony Hit and Run?

Being involved in a car accident is stressful enough, but leaving the scene of an accident that results in injury or death can quickly escalate things into a felony hit and run under California Vehicle Code § 20001. These charges are aggressively pursued by prosecutors across California, including San Diego County, and can result in jail or prison time, steep fines, and a permanent felony record.

At David P. Shapiro Criminal Defense Attorneys, we’ve successfully defended clients against hit and run allegations, including achieving not guilty verdicts at trial and getting charges dismissed at the preliminary hearing. If you’ve been accused of felony hit and run in San Diego, you deserve a defense team that won’t back down.

What is Felony Hit and Run Under California Vehicle Code § 20001?

Under Vehicle Code § 20001, a felony hit and run occurs when:

A driver is involved in an accident resulting in injury or death to another person and fails to stop at the scene and fulfill their legal obligations.

Those obligations include:

• Stopping immediately at the scene of the accident
• Exchanging your name, address, vehicle registration, and insurance information
• Providing reasonable aid to the injured party (e.g., calling 911)
• Notifying law enforcement, especially when injuries are serious or fatal

Failure to do so—even if the accident wasn’t your fault—can lead to felony charges.

California Vehicle Code § 20001

Here’s a closer look at the law as written in the California Vehicle Code:

Section 20001(a)

Requires a driver involved in an accident causing injury or death to another to immediately stop and comply with Section 20003 and 20004.

Section 20001(b)(1)

A general felony hit and run (where injury occurred but was not severe) is punishable by:

• Up to 1 year in county jail, or
• 16 months, 2 years, or 3 years in state prison
• A fine between $1,000 and $10,000
• Or both imprisonment and fine

Section 20001(b)(2)

If the accident results in death or permanent, serious injury, the penalty increases to:

• 2, 3, or 4 years in state prison
• A fine between $1,000 and $10,000
• Or both imprisonment and fine

Section 20001(c)

If you flee the scene after committing vehicular manslaughter (Penal Code § 191.5 or § 192(c)(1)), an additional 5-year prison enhancement can be added consecutively to any other sentence.

Definition – Section 20001(d)

“Permanent, serious injury” means the loss or permanent impairment of function of a bodily member or organ.

Penalties for Felony Hit and Run in California

Depending on the injury involved and other aggravating factors, penalties can include:

• Jail or prison time (up to 4 years)
• Significant fines
• Probation or parole
• Driver’s license suspension
• Restitution to the victim
• A permanent felony conviction on your record
• Additional 5 years if linked to vehicular manslaughter

It’s important to note: You can be charged with a felony hit and run even if you didn’t cause the accident—the crime is in leaving the scene without fulfilling your duties.

Real Case Results: What We’ve Done for Clients

DUI Hit & Run – Dismissal and Not Guilty After Jury Trial

El Cajon Courthouse

Our client was charged with DUI and hit and run. We filed a motion that successfully dismissed the hit and run charge before trial, and the remaining DUI charges (VC 23152(a) and VC 23152(b)) went to the jury. Not guilty on both counts.

Felony Hit & Run and Accessory – Charges Dismissed at Preliminary Hearing

South Bay Courthouse

The prosecution alleged our client knew about a serious accident but failed to remain at the scene. After carefully examining the facts, we exposed factual inconsistencies regarding what our client actually knew. All charges were dismissed at the preliminary hearing.

These cases demonstrate how a strategic, aggressive legal defense can completely shift the outcome, even in high-stakes felony cases.

Common Defenses to Felony Hit and Run Charges

Being charged doesn’t mean you’re guilty. There are several defenses that may apply in your case, depending on the facts:

1. Lack of Knowledge

You may not have known you were involved in an accident, especially in low-speed collisions or where the damage was minimal. If there’s reasonable doubt that you knew someone was injured, the charges may not hold.

2. You Were Not the Driver

Eyewitnesses often misidentify drivers, especially in the chaos of a crash. If someone else was behind the wheel—legitimately or not—we can present evidence to protect you.

3. No Injury or Death Occurred

If the incident only involved property damage, it should be charged under Vehicle Code § 20002, a misdemeanor, not a felony.

4. You Did Not Flee

Sometimes people leave the scene in shock or to seek help, especially if cellphone service is poor or if they need immediate medical attention.

5. Factual Discrepancies

As seen in our South Bay courthouse case, incorrect assumptions by police or witnesses can result in unwarranted charges. Investigating officers often overlook key evidence or rush to judgment—an experienced defense team can use that to your advantage.

Felony vs. Misdemeanor Hit and Run: What’s the Difference?

Charge Type	Code Section	Triggering Event	Max Penalty
Misdemeanor	VC § 20002	Property damage only	6 months in jail + $1,000 fine
Felony	VC § 20001	Injury or death to another person	Up to 4 years in prison + $10,000 fine

Will You Go to Jail for Felony Hit and Run?

Not necessarily—but it depends on the strength of the prosecution’s evidence, your criminal history, and the severity of the injuries. Some first-time offenders may be eligible for:

• Probation instead of jail
• Deferred entry of judgment
• Diversion programs (in rare cases)
• Charge reductions

The earlier you involve a knowledgeable criminal defense attorney, the more options you’ll have for reducing your risk.

Why Choose David P. Shapiro Criminal Defense Attorneys?

At our firm, we don’t take shortcuts. We fight hard for every client, every time. Our reputation in San Diego courts is built on results, preparation, and integrity. If you’ve been charged with felony hit and run, we will:

• Conduct a comprehensive investigation of the crash
• Gather dashcam, surveillance, and witness evidence
• Challenge any assumption of intent or knowledge
• Negotiate charge reductions or dismissal when possible
• Take your case to trial when the facts are on your side

Your reputation, your freedom, and your future are worth fighting for—and we have the experience to do just that.

Charged with Felony Hit and Run in San Diego? Let’s Talk.

Don’t wait until it’s too late. If you’re being investigated or have already been charged under Vehicle Code § 20001, call us immediately. The sooner we get started, the more we can do to protect you.

Contact David P. Shapiro Criminal Defense Attorneys today or visit https://www.davidpshapirolaw.com/ for a confidential consultation.

FAQ: Felony Hit and Run in California

Can I be charged with felony hit and run if the accident wasn’t my fault?

Yes. Fault for the accident is separate from the requirement to stop and exchange information.

Is felony hit and run a strike offense in California?

No, it is not classified as a strike under the Three Strikes Law—but enhancements can still lead to lengthy prison terms.

Can I go to jail for a first-time offense?

Yes, but with skilled legal representation, it’s possible to avoid jail time depending on the circumstances.

Can a hit and run be reduced to a misdemeanor?

Yes. If injuries were minor or other issues exist , felony charges may be reduced to misdemeanor violations, or even dismissed entirely.