Is a hit and run a felony?

Question

If you have an accident and leave the scene, while leaving your vehicle, is that a felony?

Jacob P. Sartz · Answer

It depends on the severity of the accident and the circumstances.

Jules N. Fiani · Answer

No.

Cynthia Henley · Answer

Depends on whether there was just damage to a vehicle or if there was an injury. Here are the two relevant statutes:   Sec. 550.022. ACCIDENT INVOLVING DAMAGE TO VEHICLE. (a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall: (1) immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary; (2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and (3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023. (b) If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator's vehicle as soon as possible to a designated accident investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic. (c) A person commits an offense if the person does not stop or does not comply with the requirements of Subsection (a). An offense under this subsection is: (1) a Class C misdemeanor, if the damage to all vehicles is less than $200; or (2) a Class B misdemeanor, if the damage to all vehicles is $200 or more. (c-1) A person commits an offense if the person does not comply with the requirements of Subsection (b). An offense under this subsection is a Class C misdemeanor. (d) In this section, a vehicle can be normally and safely driven only if the vehicle: (1) does not require towing; and (2) can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway.  Sec. 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR DEATH. (a) The operator of a vehicle involved in an accident resulting in injury to or death of a person shall: (1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible; (2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and (3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023. (b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary. (c) A person commits an offense if the person does not stop or does not comply with the requirements of this section. An offense under this section: (1) involving an accident resulting in death of or serious bodily injury, as defined by Section 1.07, Penal Code, to a person is a felony of the third degree; and (2) involving an accident resulting in injury to which Subdivision (1) does not apply is punishable by: (A) imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year; (B) a fine not to exceed $5,000; or (C) both the fine and the imprisonment or confinement.

Geoffrey MacLaren Yaryan · Answer

Only if the accident results in an injury to someone.

Jonathan Baner · Answer

If you hit a person it certainly is.

Michael J. Breczinski · Answer

It is if as a result of the accident there was serious injury or death.

Eric Sterkenburg · Answer

Leaving the scene of an accident without exchanging information can be charged as a misdemeanor or as a felony.  The charge will depend upon how bad the accident is and weather's anyone was injured.

Daniel Kieth Martin · Answer

This conduct can be charged as a felony or a misdemeanor, it is called a wobbler. Usually it depends on whether anyone was injured in the accident and if the driver was drunk.

Seth Schraier · Answer

It partially depends on if the hit and run just involved property damage, or also included bodily harm.  Here is the applicable New York State Law:  * 600. Leaving scene of an incident without reporting. *  1. Property damage. a. Any person operating a motor vehicle who, knowing or having cause to know that damage has been caused to the real property or to the personal property, not including animals, of another, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer.  A violation of the provisions of paragraph a of this subdivision shall constitute a traffic infraction punishable by a fine of up to two hundred fifty dollars or a sentence of imprisonment for up to fifteen days or both such fine and imprisonment.  2. Personal injury a. Any person operating a motor vehicle who, knowing or having cause to know that personal injury has been caused to another person, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the said personal injury occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and street number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy and license number, to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then, he or she shall report said incident as soon as physically able to the nearest police station or judicial officer.  c. A violation of the provisions of paragraph a of this subdivision resulting solely from the failure of an operator to exhibit his or her license and insurance identification card for the vehicle or exchange the information required in such paragraph shall constitute a class B misdemeanor punishable by a fine of not less than two hundred fifty nor more than five hundred dollars in addition to any other penalties provided by law. Any subsequent such violation shall constitute a class A misdemeanor punishable by a fine of not less than five hundred nor more than one thousand dollars in addition to any other penalties provided by law. Any violation of the provisions of paragraph a of this subdivision, other than for the mere failure of an operator to exhibit his or her license and insurance identification card for such vehicle or exchange the information required in such paragraph, shall constitute a class A misdemeanor, punishable by a fine of not less than five hundred dollars nor more than one thousand dollars in addition to any other penalties provided by law. Any such violation committed by a person after such person has previously been convicted of such a violation shall constitute a class E felony, punishable by a fine of not less than one thousand nor more than two thousand five hundred dollars in addition to any other penalties provided by law. *Any violation of the provisions of paragraph a of this subdivision, other than for the mere failure of an operator to exhibit his or her license and insurance identification card for suc

Craig Elhart · Answer

It depends on the amount of damage and whether someone was hurt and how bad.

Philip Hache · Answer

Where there any injuries at the scene?  If not, it will likely be charged as a misdemeanor.  Nothing to take lightly though.  You should hire an attorney.

George Woodworth · Answer

No, not necessarily. It depends on the seriousness of the accident, and the severity of any injuries to anyone involved. Typically, the District Attorney will look at those two factors and the relevant circumstances such as could the Defendant have helped lessen the severity of the incident if he had stayed and rendered aid or assistance at the scene. Only in those cases where there is tremendous property damage or personal injury is the case almost automatically filed as a Felony.  Get an experienced criminal defense attorney to help you resolve this burdensome problem be it a misdemeanor or even a felony.

Marshall Tauber · Answer

It depends on the seriousness of the accident. If it is serious enough to assume someone was injured then yes, it is a felony.  Same thing if the property damage appears to exceed $1,000.00.

Eric Chandler · Answer

It depends.  In Nebraska, if you cause injury to a person, yes. If there is only property damage, then no.

Edward Blum · Answer

If someone is injured then it can/will be filed as a felony. If there is no injury and it's just property damage, then it is misdemeanor.

Frances Ruiz · Answer

It can be a felony but it depends on the circumstances, for example if someone was hurt.

Jeffrey Pollock · Answer

It probably would depend upon the amount of property damage and/or physical   injury.  It is still a misdemeanor in any event, which is still not a good thing for your record.

Jeff Yeh · Answer

Usually no. VC 20002(a), a misdemeanor, is usually what is filed absent extraordinary circumstances.

Mark R. Thiessen · Answer

Only if someone was injured enough to be serious bodily injury.  Otherwise it is a misdemeanor Failure to Stop and Give Information (FSGI)

Ardalon Fakhimi · Answer

A hit and run in California can be charged as either a felony or a misdemeanor.  While most hit and run cases are filed as misdemeanors, they may be filed as felonies if there are serious injuries to the victim.

Stephen Freeborn · Answer

Generally not.  If there was no one in the car you hit or you hit some property (fence, mail box, light pole, etc), then it is what is called "hit and run unattended".  This is a misdemeanor, punishable by up to 90 days in jail and $1,000.00 fine.  If, on the other hand, you struck a vehicle, that was occupied by another person, this would be "hit and run attended".  This is a gross misdemeanor, punishable by a maximum of 1 year in jail and a $5,000.00 fine.  Neither of these would be classified as a felony.  If, however, you struck a vehicle and seriously hurt the occupant, then it could possibly be a felony (vehicular assault).  You also don't say whether alcohol and/or drugs were at issue, or what kind of criminal history you have..  These could compound the problem.  You need to consult with local counsel.  Under any of the scenarios, you could do jail time.

Joseph Dane · Answer

If there was property damage only, no.  It's a misdemeanor.  If there was injury to a person then it's a "wobbler" and can be charged as either a felony or a misdemeanor.

Jared Austin · Answer

Hit and Runs in Michigan are misdemeanors unless you cause serious injury or death. Then it is a 15-year felony. If you just cause damage to the other vehicle it is a 90-day misdemeanor and if you cause non-serious injury to someone, it is a one-year misdemeanor.

James Edward Smith · Answer

This is a misdemeanor if it's just property damage.  It's a felony if you hit a person and cause them serious injury or death.

Paula Drake · Answer

I would need to know what you hit? Was it a pedestrian or a vehicle or other property? Was any person injured? You should consult counsel with more detailed information.

Brad Howell · Answer

If the hit and run resulted in damage only to property, then it is charged  as a Class A Misdemeanor.  If the hit and run resulted in death or personal  injury, regardless of the severity of the personal injury, then it is  charged as a Class C Felony.

John Bussman · Answer

If someone was injured, yes. If only property was damaged, it will probably be treated as a misdemeanor.  You'll find out at your first court appearance (the arraignment).

Eric Rothstein · Answer

Yes, if the accident results in death or serious physical injury.

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