Being charged with a “Hit‑and‑Run” in California can be frightening. You might ask: Is there any way the charge can be dropped or reduced? The short answer: Yes—sometimes. But it's far from guaranteed. Here's a clear breakdown of when hit‑and‑run charges might be dismissed or negotiated, and what that means if you're facing this in Los Angeles.
What Are Hit‑and‑Run Charges in California?
California law defines two primary hit‑and‑run offenses under the California Vehicle Code Section 20002 (property‑damage only) and California Vehicle Code Section 20001 (injury or death).
- VC 20002 covers an accident involving only property damage. The driver must stop, exchange information, or else risks a misdemeanor charge.
- VC 20001 covers accidents where another person was injured or killed. That offense is a wobbler—meaning it can be charged as either a misdemeanor or a felony depending on the facts.
Penalties may include jail time, fines, points on your DMV record, and restitution.
Under What Circumstances Can the Charges Be Dropped or Reduced?
While a blanket “drop everything” guarantee doesn’t exist, defense lawyers in Los Angeles look for certain factors that may allow for dismissal or lessened consequences:
- Mistaken Identity / Wrong Driver: If you can show you were not the driver or vehicle involved, the prosecution may decide there’s insufficient evidence.
- Lack of Knowledge: For example, if you reasonably didn’t know an accident occurred, or you were unaware you had hit another vehicle, then one element of the crime may be missing.
- Civil Compromise: Sometimes, you may reach an agreement with the other party and pay for the damages.
- Minimal or No Damage or Injury: If the incident caused no real damage or the damage is trivial, sometimes the prosecutor may agree to a lesser charge or dismissal.
- Prompt return or contact: If you stopped and exchanged information, or returned soon after, it can help your position—though it doesn’t guarantee dismissal.
- Effective defense negotiation: A seasoned attorney in Los Angeles may negotiate with the district attorney to reduce a felony case to a misdemeanor or dismiss parts of the case based on the facts and mitigating circumstances.
What’s Not Possible Anymore?
One common misconception: you can pay the damaged party and get the hit‑and‑run dismissed through what’s called a “civil compromise.” In California, for many hit‑and‑run charges—especially under VC 20002—the recent case law holds that a civil compromise is no longer sufficient for dismissal because the core crime is leaving the scene, not just the damage.This means you can’t reliably expect charges to vanish just because you’ve paid for the property damage.
Why It’s Harder to Get Charges Dropped for Hit‑and‑Run
- Leaving the scene matters: The crime centers on not stopping and not giving ID or help, not simply on the collision itself. That acts against the “civil compromise” option.
- Higher scrutiny when injury or death occurs: If someone was hurt or killed, prosecutors are far less likely to agree to outright dismissal and will push for serious charges.
- Evidence and investigation: Cases involve witness statements, vehicle identifiers, surveillance, and sometimes DMV records. If the prosecution’s evidence is strong, dismissal becomes harder.
- Public interest: Especially in Los Angeles, hit‑and‑run incidents generate strong public and media interest; prosecutors may be less flexible.
What Should You Do If You’re Charged With Hit‑and‑Run?
- Consult a skilled Los Angeles criminal defense attorney immediately. Time matters—gathering records, reviewing investigation steps, and negotiating are best done early.
- Gather documentation: photos, witness contacts, vehicle damage estimates, insurance records, and any proof you returned to the scene or attempted to exchange info.
- Avoid talking too much without counsel: Your statements may be used by prosecutors to prove knowledge and intent to flee.
- Consider possible defenses: Mistaken identity, no knowledge of the collision, or duress (if you fled out of fear for your safety) may apply.
- Don’t speak to the police until you’ve consulted with a criminal defense attorney.
- Know the options: Even if full dismissal is unlikely, your attorney may negotiate to reduce the charge, avoid jail time, reduce DMV points, or seek diversion depending on your history.
Why You Need An Attorney
Yes—there are circumstances where hit‑and‑run charges can be dismissed, reduced, or better managed in Los Angeles. But each case is fact‑specific, and the path to relief is rarely simple. Whether you’re facing charges under Vehicle CodeC 20002 or Vehicle Code 20001, the key is early, experienced legal representation.
Contact Stephen G. Rodriguez & Partners for a free consultation. We’ll review your case, assess the evidence the prosecution has, identify potential defenses, and work toward the best possible outcome for your situation.
Call today for a free consultation (213) 481-6811.