The statute of limitations sets a deadline for prosecutors to initiate criminal charges in Hit-and-Run Laws . The deadline varies based on the severity of the charge:
- For a misdemeanor hit-and-run, the limit is one year from the date of the accident.
- For a felony charge, the time extends to three years from the accident date.
This time frame is known as the “criminal statute of limitations.” If this period lapses without charges being filed, the opportunity for prosecution is forfeited.
The distinctions you’ve described between misdemeanor and felony hit-and-run charges are based on the consequences of the accident:
- Misdemeanor Hit-and-Run: These charges are typically pursued if the hit-and-run accident resulted solely in property damage, meaning no personal injuries occurred.
- Felony Hit-and-Run: These charges are generally reserved for more serious incidents where the hit-and-run accident caused substantial property damage or resulted in bodily injury, serious injury, or the death of an individual.
What is the crime of hit and run?
The crime of hit and run is committed under the following circumstances:
- An individual is involved in an automobile accident, whether it’s with another vehicle, a bicycle, a pedestrian, or inanimate objects, and
- That individual leaves the scene without fulfilling certain legal obligations.
These obligations typically require the individual to:
- Provide their driver’s license and vehicle registration if requested,
- Share their contact information,
- If not the vehicle owner, provide the vehicle owner’s contact information,
- Disclose the name of their insurance company and policy number if requested, and
- Give the license plate number of their vehicle if requested.
It is also noted that a person can only be charged with this offense if they are aware that they were involved in an accident.
When it comes to hitting unattended property, one must leave a conspicuous note with their contact details and an account of the incident.
Additionally, even if an individual is not at fault in an accident, fleeing the scene can result in hit-and-run charges. For example, someone hit by an impaired driver would still be required to stay at the scene or could otherwise face hit-and-run charges.
Beyond criminal penalties, hit-and-run incidents can also lead to:
- Civil litigation from injured parties or those whose property was damaged, and
- Administrative penalties from the state’s department of motor vehicles, such as driver’s license suspension or revocation.
What is term “statute of limitations” mean?
The “statute of limitations” (SOL) is a legal term that sets the deadline for prosecutors to bring criminal charges. This period varies depending on the category of the offense:
- For misdemeanor offenses, the statute of limitations is typically one year from the date of the incident.
- For felonies, the timeframe usually extends to three years, although it may be longer for more serious crimes, possibly six to eight years.
If the statute of limitations expires without charges being filed, the prosecutor is generally no longer allowed to charge the individual for that offense in the future. This principle ensures a certain degree of timeliness and fairness in the prosecution of crimes.
What is the law in California?
In California, the legal framework for hit-and-run offenses establishes a statute of limitations of six years from the accident date, encompassing both misdemeanor and felony charges.
Misdemeanor Hit and Run: Under Vehicle Code 20002 VC, the law categorizes leaving the scene of an accident that results in property damage as a misdemeanor. The requirements are for the involved party to stop and provide their personal details. If this is not adhered to, the penalties can include:
- Up to six months in county jail, and/or
- A fine of up to $1,000.
Felony Hit and Run: Vehicle Code 20001 VC deals with more severe incidents where there is injury or fatality. Leaving the scene under these circumstances can be prosecuted as a wobbler offense—either a misdemeanor or felony.
- As a misdemeanor, it carries potential consequences of:
- Up to one year in jail, and/or
- A fine ranging from $1,000 to $10,000.
- As a felony, the repercussions escalate to:
- Up to four years in state prison, and/or
- A fine of $1,000 to $10,000.
This legal outline provides the structure within which hit-and-run offenses are addressed and penalized in the state of California.
