Legal Question in Criminal Law in California

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.

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.

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.