Difference Between A Misdemeanor and Felony Hit & Run in California
The difference in these hit-and-run cases, whether misdemeanors under California Vehicle Code 20002 or felonies under California Vehicle Code 20001, has to do with the injury. T
he worse the injury, the more likely they'll charge it as a felony. This whole injury thing is not a perfectly-definitive thing. In other words, sometimes someone can claim they have a soft tissue injury related to a hit-and-run case in Los Angeles, and that will only be charged as a misdemeanor. It should only be charged as a misdemeanor because it's not a serious injury.
Whereas, other times, if somebody is seriously hurt, like a broken arm or some other bad injury, and the individual leaves the scene of the crime, then they can charge that as a felony DUI.
These hit-and-run cases are strange because you can just do some negligent conduct that would never be charged as a felony or a misdemeanor — not even a crime — but as soon as you leave, the crime comes in. The police behind that is, if you cause an accident or if you're involved in an accident, you have a responsibility to try to help the other party.
Sometimes, we have felony hit and run in Los Angeles that resulted in death. You have to render aid. You have to call 9-1-1 and get an ambulance out there if you're involved in a hit-and-run accident and somebody gets seriously injured.
Warrants
Another thing that comes up is that people have warrants for hit-and-run cases and don't know whether it's a felony or a misdemeanor. A lot of times, I can figure that out by phone. I've connections in many local courthouses, so I can determine if the case is a felony or a misdemeanor hit and run.
This is a big difference because, in a felony hit and run, you're looking at potential prison time. Meanwhile, with a misdemeanor hit and run, especially if you have no record, you'll probably end up with jail time if the case is handled correctly.
You probably want to turn yourself in with your attorney if you have a hit and run, whether a felony or a misdemeanor. You can bet your bottom dollar that if the police catch you and bring you to court.
When you appear in front of a judge, the situation becomes more serious. The judge will consider the circumstances and may find it difficult to overlook the fact that you only came forward because the police caught you. This may lead to a harsher punishment, such as jail or prison time, depending on the severity of the incident.
Paying for Damages
Another big thing if you get into a hit-and-run accident is whether or not you can make the victim whole. In other words, can you pay them for the damages to their vehicle and help them with their injury? Did you have insurance at the time? Did you have a valid license at the time?
These are all things the prosecutors are looking at when deciding what to charge, what the person will ultimately plead to, and whether or not they will seek jail or prison related to the case.
So, the difference between a felony and a misdemeanor hit and run has to do with the severity of the situation, whether somebody was hurt, and they're also going to look at — in those borderline cases — whether you have a criminal record. If you have a bad driving record and you get a hit and run, it's more likely they will be harsh on you and want a felony versus a misdemeanor.
However, if you have a clean record, you made a mistake and panicked and left the scene, that certainly gives you a fighting chance to avoid not only a felony but maybe even a misdemeanor. Perhaps you can get some civil compromise or a diversionary program. You have to discuss this with a seasoned attorney who defends many hit-and-run cases in Los Angeles County.
So, hopefully, this article has helped give you a feel for the difference between when a hit and run is going to be filed as a misdemeanor or a felony and some of the things you can do to help your attorney help you. A lot of times, we get character letters.
We make sure that our insurance company covers the accident, and we try to help the other party—make them whole — and then we're in a much stronger position to argue for a resolution that does not involve a felony and does not involve jail time. This allows you to earn a misdemeanor and maybe even a dismissal in your hit-and-run matter in Los Angeles.
