Facing a hit-and-run charge in Fresno can have serious consequences under California law. Depending on the facts, prosecutors can charge you under Vehicle Code §20002 for property damage or §20001 for injury or death. Both carry criminal penalties, DMV points, and insurance consequences. This guide breaks down what these charges mean, how they’re handled in Fresno County, potential penalties, and key information to know if you’re under investigation or have been charged.
Understanding Hit-and-Run Laws in California
California’s hit-and-run laws are governed by the Vehicle Code, which distinguishes between property damage and injury-related cases.
Property Damage – Vehicle Code §20002
Under Vehicle Code §20002, drivers involved in a collision that causes property damage must:
- Stop immediately at or near the scene.
- Provide their name, address, and vehicle registration information.
- Leave a written note if the property owner isn’t present.
- Report the incident to the police if required.
Failing to follow these steps can lead to misdemeanor charges, punishable by up to six months in jail and fines of up to $1,000, along with restitution and two DMV points on your driving record.
Injury or Death – Vehicle Code §20001
If someone is injured or killed, Vehicle Code §20001 applies. The driver must:
- Stop immediately at the scene.
- Provide identification and contact details.
- Render “reasonable assistance,” such as calling for medical help or transporting the injured person.
A violation of §20001 can be charged as a misdemeanor or felony (“wobbler”). Felony convictions can mean up to four years in state prison and fines of up to $10,000.
Importantly, California courts focus on the failure to stop and comply with legal duties, not who caused the accident. Even if you didn’t cause the crash, leaving without reporting can lead to criminal charges.
How Hit-and-Run Cases Are Handled in Fresno
If a collision occurs in Fresno, several agencies may be involved, and the process typically unfolds in specific stages.
Reporting and Investigation
The Fresno Police Department handles most hit-and-run cases within city limits. In rural or highway areas, the Fresno County Sheriff’s Office or California Highway Patrol (CHP) may investigate. Evidence collected can include:
- Witness statements and 911 calls.
- Surveillance or traffic camera footage.
- Vehicle damage analysis and debris matching.
Once law enforcement identifies a suspect, they submit their findings to the Fresno County District Attorney’s Office, which decides whether to file charges as a misdemeanor or felony.
Court Proceedings
Cases are filed in Fresno County Superior Court. The first appearance—called an arraignment—is when you learn the charges, enter a plea, and set future court dates. The case may then move to pretrial hearings, plea discussions, or trial.
Throughout this process, your defense attorney can challenge whether prosecutors can prove the required elements—such as knowledge of the accident or injury—and whether police followed proper procedures.
Potential Penalties and Collateral Consequences
The severity of the penalties depends on the outcome of the crash and the circumstances of the case.
For Misdemeanor (§20002)
- Up to 6 months in county jail.
- Fines up to $1,000.
- Restitution to the property owner.
- 2 points added to your driving record.
- Probation or community service in lieu of jail in some cases.
For Felony (§20001)
- 16 months to 4 years in state prison.
- Fines from $1,000 to $10,000.
- Restitution to victims for medical costs and property damage.
- Driver’s license suspension or revocation.
DMV and Insurance Impacts
A conviction results in two DMV points under California’s Negligent Operator system. Too many points within a short period can trigger license suspension. Insurance companies also treat hit-and-run convictions as major violations, often causing significant rate increases or policy cancellations.
Fresno-Specific Considerations
Local Enforcement
The Fresno Police Department encourages drivers to report collisions as soon as possible, even if the other driver fled the scene. Delayed reporting can complicate both criminal and insurance matters.
The Court System
All hit-and-run charges in Fresno are prosecuted in Fresno County Superior Court – Criminal Division. Public case lookups and hearing schedules are available through the court’s online portal.
The District Attorney’s Role
The Fresno County District Attorney’s Office reviews each case individually. They consider factors like whether the defendant has prior offenses, the extent of the damage or injuries, and whether the person eventually returned to the scene or cooperated.
Common Issues in Fresno Hit-and-Run Cases
Not all hit-and-run cases are straightforward. Several recurring issues can shape the outcome of a case:
- Lack of Knowledge: The prosecution must prove the driver knew (or should have known) that an accident occurred. If visibility was poor or impact was minimal, this element can be contested.
- Constructive Knowledge: Courts sometimes infer “should have known” if the collision was serious enough that a reasonable person would expect injuries.
- Panic and Flight: Drivers sometimes leave out of fear or confusion. While not a complete defense, showing panic or later cooperation may influence prosecutorial discretion or sentencing.
- No Identifiable Victim: If damage was minimal or to unidentifiable property, the state may lack sufficient proof.
Defending a Hit-and-Run Charge
A skilled defense attorney examines every aspect of the case—from how police identified you to whether your statutory duties were truly violated. Common defense strategies include:
- Lack of Intent or Knowledge: Arguing that you didn’t realize a collision occurred or weren’t aware someone was injured.
- Mistaken Identity: Challenging witness reliability or vehicle identification.
- Emergency Circumstances: Leaving the scene temporarily to get medical help or escape danger.
- Procedural Errors: Questioning whether police followed lawful investigative procedures.
Statute of Limitations
California law limits how long prosecutors can file charges:
- One year for misdemeanor hit-and-run cases (§20002).
- Three years for felony cases (§20001).
If charges are filed after these periods, they may be subject to dismissal.
Steps to Take After Being Charged
While every situation is different, here are general steps anyone charged in Fresno should consider:
- Do not ignore the charge. Missing court dates can lead to a bench warrant.
- Collect documentation. Gather photos, witness details, insurance records, and repair estimates.
- Avoid making statements to law enforcement without an attorney present.
- Contact a Fresno criminal defense attorney immediately to evaluate your case and protect your rights.
Frequently Asked Questions
Is a hit-and-run always a felony?
No. Property damage cases under §20002 are misdemeanors. Injury or fatal crashes under §20001 can be misdemeanors or felonies, depending on the severity.
Can I face jail time for a minor hit-and-run?
Yes, though many first-time offenders receive probation, community service, or restitution orders instead of jail.
Does insurance cover a hit-and-run accident?
If you have uninsured motorist or collision coverage, your policy may cover damages—but insurers often deny claims if you’re charged criminally.
Can I lose my license for a hit-and-run?
Yes. A conviction adds points to your driving record and can lead to license suspension by the DMV.
What if I returned to the scene later?
Returning doesn’t erase the violation, but it may mitigate penalties and demonstrate cooperation.
Why You Need an Experienced Fresno Defense Lawyer
A hit-and-run charge can impact your record, career, and financial future. Having an experienced Fresno criminal defense attorney who understands the local court system can make a major difference. The Law Office of Brian C. Andritch has extensive experience representing clients charged with hit-and-run offenses and other criminal defense cases across Fresno County.
Call (559) 785-2372 or reach us through our contact page and how we can help you navigate your hit-and-run case with confidence.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.