Legal Question in Criminal Law in California

felony hit and run

What decides a hit-and-run is a felony vs. a misdemeanor?


Asked on 6/27/07, 8:45 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: felony hit and run

If a person other than the driver who leaves the scene is injured then the hit and run can be charged as a felony. If the accident results only in property damage it is a misdemeanor. The DA also has the choice charging it as a misdemeanor if there is a minor injury.

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Answered on 7/05/07, 2:24 am
Terry A. Nelson Nelson & Lawless

Re: felony hit and run

injury or not. Either way, if you are charged, you'd better get a good attorney. Contact me if interested and if in SoCal courts.

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Answered on 6/28/07, 4:30 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: felony hit and run

Most crimes are either felonies or misdemeanors and must be charged accordingly. Some can be charged either way; these crimes are informally known as "wobblers". Offhand I don't know whether hit-and-run is a wobbler or not.

When charging a defendant with a wobbler, the D.A. decides whether the charge should be brought as a felony or a misdemeanor. Depending upon the facts, a jury may be able to reject some of the allegations but accept the rest, resulting in a misdemeanor conviction even though the charge was a felony. Prosecutors will also frequently accept misdemeanor pleas in felony cases, but whether to do so is up to them.

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Answered on 6/27/07, 10:35 pm


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