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Have You Been Charged With Hit and Run in San Diego? Here’s What to Do Next

By San Diego Attorney on December 5, 2025

In California, hit and run charges are taken seriously, and prosecutors aggressively pursue these cases. If you have been accused of leaving the scene of an accident, you could be facing jail time, heavy fines, and a permanent criminal record.

Understanding hit and run law in California and taking the right legal steps early on can make a big difference in your outcome. James N. Dicks is a criminal defense lawyer in San Diego who knows the ins and outs of the system and how to make it work for you.

What Is Hit and Run Under California Law?

Under California law, a driver involved in an accident must stop at the scene and exchange information, even if they believe no one was injured or at fault. Failing to do so may result in charges under:

• Vehicle Code § 20002 – Misdemeanor hit and run: Applies when there is property damage only, such as a damaged vehicle, fence, or mailbox.
• Vehicle Code § 20001 – Felony hit and run: Applies when the accident results in injury or death to another person.

Both types of offenses are serious and require a strong legal strategy to mitigate penalties and protect your record.

Misdemeanor vs. Felony Charges

Misdemeanor Hit and Run

You may be charged with misdemeanor hit and run if you are involved in a collision and you fail to do the following:

• Stop at the scene
• Locate the property owner (or leave a note if the owner is not present)
• Provide your name, address, and vehicle registration
• Notify law enforcement when required

This charge often results from situations like parking lot collisions, minor fender benders, or hitting an unattended vehicle or structure. Many drivers leave without realizing that this behavior is criminal.

Penalties may include:

• Up to 6 months in county jail
• A fine of up to $1,000
• 2 points on your California driver’s license
• Possible restitution for damages
• A permanent criminal record

Felony Hit and Run

Felony hit and run charges apply when another person is injured or killed, and you did not stop to provide aid or information. These charges can be filed even if you were not at fault for the accident.

The act of leaving the scene is what triggers the felony. Aggravating factors like driving under the influence, multiple victims, or prior convictions can result in enhanced sentencing.

Penalties may include:

• Up to 4 years in state prison
• Fines between $1,000 and $10,000
• Mandatory driver’s license suspension
• Restitution to the victim(s)
• Probation or parole conditions

What To Do If You Were Charged with Hit and Run

If you have been accused of leaving the scene of an accident, do not attempt to resolve the situation yourself. Even explaining your actions to police or victims without legal counsel can backfire. Prosecutors may use any statement you give as evidence of guilt.

Remain Silent and Request Legal Counsel

You have a constitutional right to remain silent. Do not answer questions from police, insurance companies, or anyone else unless your lawyer is present.

Contact an Experienced Criminal Defense Attorney Immediately

Early representation is critical. Attorney James N. Dicks at jD LAW is a Certified Criminal Law Specialist with over 30 years of experience defending clients in San Diego. He understands how to intervene before charges are filed.

Do Not Return to the Scene or Contact Victims

Trying to “make things right” by reaching out to the other party can be seen as an admission of guilt or even witness tampering. Let your attorney handle all communications moving forward.

Gather Any Evidence and Witness Information

If you have accident scene photos, dashcam footage, or witness contacts, provide them to your attorney. These materials can support your defense or establish that you were not the driver involved.

Legal Defenses for Hit and Run Charges in California

There are several valid legal defenses that an experienced attorney may use depending on the details of your case.

You Were Not Driving the Vehicle

Prosecutors must prove beyond a reasonable doubt that you were the driver at the time of the incident. If someone else had access to your car, or your vehicle was stolen or borrowed, this can be a strong defense.

You Did Not Know an Accident Occurred

It is possible that a driver was unaware they made contact with another vehicle or object. Without knowledge of an accident, there is no legal duty to stop.

You Tried to Stop or Report the Incident

If you made a reasonable effort to contact the property owner or report the incident to authorities (e.g., left a note, called the police), that may support a dismissal or reduction of charges.

Medical or Safety Concerns

If leaving the scene was necessary to obtain medical help or avoid danger, your actions may be legally justified.

How a Conviction Could Impact Your Life

Being convicted of either a misdemeanor or felony hit and run in San Diego can lead to lasting consequences beyond criminal penalties, including:

• Increased auto insurance premiums or policy cancellation
• Civil lawsuits for property damage or personal injury
• Damage to your professional reputation or employment
• Immigration consequences for non-citizens

Even a misdemeanor conviction can leave a lasting mark on your record, making it harder to secure jobs, housing, or a professional license.

Call Your Lawyer Right Away

You will want to contact a lawyer right away if you think you could be facing hit and run charges. Prosecutors and police are trained to gather statements and build cases quickly, usually before formal charges are filed.

Hiring a criminal defense lawyer immediately after the incident can result in:

• Pre-filing intervention that may prevent charges before they are filed
• Reduced charges or alternative resolutions (such as civil compromise)
• Dismissal of evidence due to procedural violations
• Development of a strong factual or legal defense

What If You Have Already Been Charged?

If you have already received a court summons or arrest warrant, your next step should be to:

• Contact an attorney right away
• Review the details of the case
• Begin building your defense before your arraignment

Speak With an Experienced Criminal Defense Lawyer in San Diego

A hit and run conviction in California can jeopardize your freedom, your driving privileges, and your future. James N. Dicks of jD LAW is here to help you take control of the situation.

Call (760) 630-2000 for a free consultation today.