Hit and Run Defense Attorney

A hit and run charge can quickly become serious. In California, a driver may face criminal charges not only for causing an accident, but also for failing to stop and provide the information required by law afterward. Depending on whether the accident involved only property damage or caused injury or death, the penalties can range from a misdemeanor to a much more serious felony-level offense.

At the Law Office of H. Charles Gorian, we understand that hit and run cases are often more complicated than they first appear. In some situations, the issue is whether the driver actually knew an accident occurred. In others, the question is whether the driver complied with the law’s reporting and information requirements, or whether the prosecution can prove the identity of the driver at all. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.

Property-Damage Hit and Run

California Vehicle Code section 20002 applies when an accident results only in damage to property, including damage to another vehicle. The driver must immediately stop at the nearest location that will not impede traffic or jeopardize safety. The driver must then either locate and notify the owner or person in charge of the damaged property and provide identifying information, or leave a written notice in a conspicuous place and notify the appropriate law enforcement agency without unnecessary delay.

A violation of section 20002 is a misdemeanor punishable by:

  • up to six months in county jail
  • a fine of up to $1,000
  • or both.

Injury or Fatal Hit and Run

California Vehicle Code section 20001 applies when a driver is involved in an accident resulting in injury to another person or death. In that situation, the driver must immediately stop at the scene and fulfill the additional duties required by law.

Under section 20001, the possible penalties are significantly more serious. In general, a violation may be punished by:

  • imprisonment in state prison
  • or up to one year in county jail
  • a fine of $1,000 to $10,000
  • or both imprisonment and a fine.

If the accident results in death or permanent, serious injury, the penalties may include:

  • two, three, or four years in state prison
  • or 90 days to one year in county jail
  • a fine of $1,000 to $10,000
  • or both.

The statute defines “permanent, serious injury” as the loss or permanent impairment of function of a bodily member or organ.

Hit and run allegations are often filed alongside other offenses. Depending on the facts, a person may also face related charges such as:

  • DUI
  • driving without a valid license
  • reckless driving
  • insurance-related offenses

Whether those additional charges apply depends on the evidence in the particular case.

Common Defenses to Hit and Run Charges

Every hit and run case depends on the facts. Possible defenses may include:

  • the defendant did not know an accident occurred
  • the defendant was not the driver
  • the defendant did stop and substantially complied with the law
  • the prosecution cannot prove property damage, injury, or identity as alleged
  • the facts do not support the level of charge filed
sleek white car in an urban setting

Because these cases often depend on witness statements, surveillance, vehicle damage, timing, and statements made after the accident, a careful review of the evidence is critical.

Speak with a Hit and Run Defense Attorney


If you are facing hit and run charges, it is important to seek legal advice as early as possible. A careful review of the facts may reveal important defenses and weaknesses in the prosecution’s case. The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call today for a free, no-risk, no-obligation case evaluation.