--- title: "Hit and run (injury / property damage)" description: "VC 20001 and 20002 cover hit and run in California. Learn penalties for injury, death, and property damage cases, plus common defenses." url: "https://www.thehfirm.com/penal-codes/vc-20001-20002-hit-and-run-injury-property-damage" site: "H Law Group" --- # Hit and run (injury / property damage) VC 20001 and 20002 cover hit and run in California. Learn penalties for injury, death, and property damage cases, plus common defenses. Topics: DUI, Vehicle Code California treats leaving the scene of an accident as its own crime, separate from anything that caused the crash in the first place. Vehicle Code 20001 covers accidents involving injury or death. VC 20002 covers accidents involving only property damage. Both statutes turn on the same basic duty: stop, exchange information, and render aid if anyone is hurt. Failing to do that, regardless of who caused the underlying collision, is what gets charged. This matters even if you were not at fault in the crash itself. A driver who was hit by someone else, panics, and drives away can still be charged with hit and run. This page covers what [VC 20001](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=20001.&lawCode=VEH) and [VC 20002](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=20002.&lawCode=VEH) require, how the charge is decided as a misdemeanor or felony, penalties, and common defenses. ## **What the Law Requires** Both statutes impose the same core duties on a driver involved in an accident: - Stop immediately at the scene, or as close as safely possible - Provide your name, address, and vehicle registration information to the other driver, property owner, or injured party - Render reasonable assistance to anyone injured, including arranging transportation to medical care if needed - If the property owner cannot be located, leave a written notice in a conspicuous place and notify police The difference between the two statutes is the outcome of the accident, not the driver's intent. VC 20001 applies when someone was injured or killed. VC 20002 applies when only property was damaged. ## **Elements Prosecutors Must Prove** To convict you of hit and run, the prosecution must show: - You were the driver of a vehicle involved in an accident - The accident caused injury, death, or damage to property - You knew you had been in an accident, or knew it was probable that injury or damage resulted - You failed to stop and comply with the notification and assistance requirements Knowledge is often the most contested element. A driver who genuinely did not realize they had struck a person or object, as opposed to one who felt an impact and kept driving, has a real argument that the required mental state is missing. ## **Misdemeanor or Felony: How VC 20001 Is Charged** VC 20001 is a wobbler, and where an accident falls on the injury spectrum drives the charging decision: - **Injury short of death or permanent injury (20001(b)(1)): **misdemeanor punishable by up to one year in county jail and a fine of $1,000 to $10,000, or a felony punishable by 16 months, 2, or 3 years in state prison - **Death or permanent, serious injury (20001(b)(2)): **misdemeanor punishable by 90 days to one year in county jail, or a felony punishable by 2, 3, or 4 years in state prison, plus a fine of $1,000 to $10,000 - **Fleeing after a DUI death (20001(c)): **if the underlying collision itself qualifies as gross vehicular manslaughter while intoxicated under PC 191.5, or gross vehicular manslaughter under PC 192(c)(1), fleeing the scene adds a mandatory, consecutive 5-year state prison term on top of the sentence for the underlying offense VC 20002, the property-damage-only version, is a straight misdemeanor: up to 6 months in county jail, a fine of up to $1,000, or both. There is no felony exposure for a property-damage-only hit and run. ## **DMV and License Consequences** A hit and run conviction adds a minimum of 2 points to your DMV driving record. Accumulating 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months can trigger a separate Negligent Operator license suspension on top of whatever sentence the criminal case produces. A felony conviction under VC 20001 typically carries an additional license revocation as well. ## **Common Defenses** - **No knowledge of the accident: **you did not know, and had no reason to believe, that you had struck a person, vehicle, or object - **You did stop and comply: **you exchanged information or rendered aid, and the dispute is really about whether you did enough, not whether you fled entirely - **Misidentification: **someone else was driving your vehicle, or you were misidentified as the driver involved - **No accident occurred: **the alleged contact never happened, or the damage is unrelated to any contact with your vehicle - **Necessity: **in rare cases, a driver leaves the scene briefly out of a genuine safety concern, such as a hostile crowd, and returns promptly; this is a narrow defense and depends heavily on the specific facts ## **Related Offenses** Hit and run charges rarely stand alone in a DUI context: - [**PC 191.5: **](/penal-codes/pc-191-5-gross-vehicular-manslaughter-while-intoxicated-wat)[gross vehicular manslaughter while intoxicated, which triggers the 5-year consecutive enhancement under VC 20001(c) if the driver fled after a fatal DUI crash](/penal-codes/pc-191-5-gross-vehicular-manslaughter-while-intoxicated-wat) - [**VC 23153: **](/penal-codes/vehicle-code-23153-vc-dui-causing-injury)[DUI causing injury, frequently charged alongside hit and run when a driver was impaired and fled after injuring someone](/penal-codes/vehicle-code-23153-vc-dui-causing-injury) - [**VC 23152(a) / (b): **](/penal-codes/vehicle-code-23152-a-driving-under-the-influence)[standard DUI, relevant when the reason a driver fled was to avoid a DUI investigation at the scene](/penal-codes/vehicle-code-23152-a-driving-under-the-influence) ## **Frequently Asked Questions** ### Can I be charged with hit and run if the accident was not my fault? Yes. Fault in causing the crash is a separate question from the duty to stop and exchange information. Even a driver with no fault at all can be charged with hit and run for leaving the scene without complying with VC 20001 or 20002. ### What if I did not realize I hit something? Lack of knowledge that an accident occurred is a genuine defense. The prosecution has to show you knew, or should have known, that you were involved in an accident causing injury or damage. Minor contact that produces no noticeable impact can support this defense, though it depends heavily on the specific facts. ### Is hit and run always a felony? No. Property-damage-only hit and run under VC 20002 is always a misdemeanor. Injury and death cases under VC 20001 are wobblers, meaning prosecutors decide whether to file as a misdemeanor or felony based on the severity of the injury and the circumstances of the case. ### What should I do if I am involved in an accident and I am not sure whether to stop? California law requires stopping at the scene of any accident involving injury or property damage. This is general information, not legal advice for a specific situation, and anyone facing an actual hit and run investigation or charge should speak with a defense attorney before making statements to police. ### Can a wet reckless or DUI plea affect a hit and run charge? They are separate charges and are typically negotiated separately, though prosecutors often consider the full picture, including a hit and run charge, when deciding whether to offer a reduced DUI plea like a wet reckless. ## Related California penal codes - [PC 191.5 - Gross Vehicular Manslaughter While Intoxicated](https://www.thehfirm.com/penal-codes/pc-191-5-gross-vehicular-manslaughter-while-intoxicated-wat) - [Vehicle Code 23153 VC - DUI Causing Injury](https://www.thehfirm.com/penal-codes/vehicle-code-23153-vc-dui-causing-injury) - [California Vehicle Code 23152(a) - DUI of Alcohol: Laws, Penalties & Defenses](https://www.thehfirm.com/penal-codes/vehicle-code-23152-a-driving-under-the-influence) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.