Hit-and-Run Charges in Orange County: Misdemeanor Versus Felony

Justia Elevate Team — Thu, 18 Jun 2026 15:05:27 GMT

A hit and run becomes a misdemeanor when only property is damaged, and a felony when another person is injured or killed. That single difference, damage versus injury, decides how serious the charge is and how much you stand to lose.

The Law Offices of William W. Bruzzo defends drivers across Orange County who left the scene of a crash, whether the contact damaged a parked car or hurt another person. Attorney William W. Bruzzo, a former U.S. Marine Corps Judge Advocate who has defended hit and run cases in Orange County’s Harbor, North, West, and Central Justice Centers for more than 30 years, has seen how a moment of panic at the scene can turn into a felony charge.

What Counts as a Hit and Run in California

A hit and run is the act of leaving an accident scene without stopping to identify yourself and share your information. The law expects every driver involved in a crash to stop, give a name and contact details, and help anyone who is hurt.

Even minor contact can trigger a charge. Clipping a mirror in a parking lot and driving off can meet the definition, because the duty to stop applies no matter how small the damage seems.

Misdemeanor Versus Felony and What Makes the Difference

When a crash damages only property, the offense falls under Vehicle Code section 20002 and is charged as a misdemeanor, which can carry up to six months in county jail and a fine.

When someone is injured or killed, the offense falls under Vehicle Code section 20001. That second statute is a wobbler, a charge prosecutors can file as either a misdemeanor or a felony depending on the facts. A felony version can carry far longer custody time and steeper fines. Because the exact exposure turns on the details of your case, our Orange County criminal defense attorney can review what you actually face rather than the worst headline number.

What to Do if You Are Charged in Orange County

Stay calm and avoid talking to investigators about what happened before you have counsel. Anything you say about leaving the scene can shape how the charge is filed.

Preserve what you remember and gather any record of the crash while it is fresh. Our firm handles these matters alongside the other criminal defense cases we take across the county, and an early call to our Orange County criminal defense lawyer often shapes whether a case stays a misdemeanor.

One Mistake Should Not Define You, Call The Law Offices of William W. Bruzzo

At the Law Offices of William W. Bruzzo, we know good people make split-second decisions under stress, and we work to keep one bad moment from following you for years. Our firm weighs the whole picture before the prosecution writes the story for you.

Call our firm at (714) 547-4636 or contact us online for a free consultation. El Abogado Habla Español.

How You Should Deal With a Hit and Run Case

Law Offices of William W. Bruzzo — Thu, 17 Apr 2014 18:06:00 GMT

After practicing criminal law for over 20 years I have built up an impressive number of successful results in hit and run cases [California Vehicle Code Section 20002(a)]. The following describes the manner in which I handle these cases and it is the way every lawyer should handle these cases although in fact few do.

Just so its clear: hit and run in California occurs when someone hits another vehicle OR some other property (guardrail, wall, curb) and causes damage no matter how little and then fails to report it to the party who owns the property OR report it to the CHP within 2 hours of the accident. (California Vehicle Code Section 20002(a))

The first thing anyone should do when they have committed a hit and run is contact a qualified lawyer. DO NOT speak to the police without speaking to a lawyer first. Although you may think its obvious you were responsible for the accident you have no way of knowing what the police know. DO NOT make their case for them by confessing.

Commonly, after a hit and run, the police will get the plate number from a witness and then go to the person’s house right away. If you are at home the police can arrest you but generally they will give a citation if the only damage is property damage. If they smell alcohol OR suspect drug use around the time of driving they can treat you like a drunk driving/driving under the influence suspect and ask you to perform field sobriety tests and even require you to give blood or breathe to assess you for intoxication and then decide whether or not to arrest you for Driving under the Influence (DUI). A chemical test taken within three hours of driving may be used as evidence against you in a Drunk Driving case. (Some hit and run drivers leave the scene because they are intoxicated.)

The police may also decline to track down the individual that night or be unable to locate them and so they might just send a letter to the individual’s address based on the plate number from a witness. DO NOT call the officer. Speak to a qualified lawyer first. Please note that if you decline to have a lawyer call the police they might issue a warrant for you.

Once the police have made contact in person or by letter the lawyer should speak to the police and try to settle the matter PRIOR to the case getting sent to the District Attorney’s office. (The police are responsible for the investigation but it is the District Attorney who takes the investigation and files charges with the court).

California permits suspects in some property crimes to resolve their cases through a process called Civil Compromise under Penal Code Sections 1377-1378. This provision allows money to be paid to the victim to compensate them for their loss and the case dismissed. While the law specifically says that the judge and the victim must be in agreement for this to occur, in practice, the police investigating the matter can resolve the case in the manner of a civil compromise with the result that the police investigation is never sent to the District Attorney and the matter is simply closed without input from a judge. Attorney Will Bruzzo has managed to convince many police officers and victims of these crimes to agree to a civil compromise resolution. This is the ideal result because not only is there no court appearance but there are no charges filed. This is as clean a result one can achieve for a client in this situation.

If the victim or the police officer is not interested in civil compromise (strictly speaking if there is bodily injury to an individual then civil compromise is not appropriate but in practice hit and run cases with bodily injury can still be resolved with civil compromise.) then the case will proceed to the District Attorney’s office. It is good practice to also attempt to resolve the matter with the District Attorney prior to them filing; certainly no harm is done in trying. If the victim agrees to the civil compromise and signs an agreement to that effect or has verbally agreed, then the District Attorney can accept that arrangement and not file the case.

If all those attempts at civil compromise fail, then ultimately the Attorney can propose a civil compromise to the Judge. I have had cases where the District Attorney objected to the civil compromise but the victim wanted to resolve the matter in that way and the Judge went along and dismissed the case.

In summation, it is important to get a qualified attorney involved quickly in the process and try to resolve the case as early as possible. The three stages which provide an opportunity for resolution are: (1) during the police investigation; (2) when the matter is with the District Attorney but not filed; and (3) in court.