Description

California law prohibits a driver from leaving the scene of an accident without giving identifying information. Hit and Run charges, a misdemeanor, deal with property damage; whereas Felony Hit and Run charges are concerned with injury. Hit and Run laws apply notwithstanding the seriousness of the injury or who was at fault or the amount of the damage inflicted. Examples of Hit and Run are driving away from a fender bender where the other driver was obviously at fault or driving away from an accident that your driving may have caused even though there was no damage to your vehicle or driving away after hitting your neighbor’s fence.

What does the prosecutor have to prove?

1. Defendant, while driving a motor vehicle was involved in an accident resulting in damage to any property, including vehicles, other than his or her own.
2. Defendant knew that an accident had occurred, or that he or she was involved in the accident, and either knew that the accident resulted in damage to another’s property or knew that it was of such a nature that it was probable that it resulted in damage to another’s property.
3. Defendant failed to stop immediately. [Cal Crim No. 2150]

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?Yes
Is this charge a “serious felony”Yes
Is this charge a “violent felony”Yes
Do I have to register as a sex offender if convicted?Yes
Do I have to register as a drug offender if convicted?Yes
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?Yes
Am I eligible for Prop. 36 drug diversion if convicted?Yes
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?Yes
Is this charge considered a “controlled substance violation” for immigration purposes?Yes
Is this charge considered a “domestic violence” for immigration purposes?Yes
Is this charge considered a “firearm conviction” for immigration purposes?Yes