Hit and Run in Virginia: Misdemeanor vs. Felony

The information in this article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Consult a licensed Virginia attorney about your specific situation. Reading this article does not create an attorney-client relationship nor does merely contacting our office through this website or any other means.

---

Leaving the scene of an accident in Virginia is a criminal offense, not just a traffic violation. Whether it results in a misdemeanor or felony charge depends primarily on whether the accident involved only property damage or whether people were injured or killed. The consequences range from a fine and license suspension to years in prison, and there is a separate civil liability dimension that runs parallel to the criminal case.

Virginia’s Duty to Stop and Report

Virginia law imposes a clear duty on any driver involved in an accident. The relevant statutes are Va. Code §§ 46.2-894 through 46.2-896.

Virginia Code § 46.2-894 requires that any driver involved in an accident resulting in injury or death to any person, or in damage to an attended vehicle or other property, must:

• Immediately stop the vehicle at the scene or as close to the scene as possible without obstructing traffic
• Render reasonable assistance to any injured person, including calling for or arranging medical help if necessary
• Provide information: Give their name, address, and vehicle registration number to the driver or occupant of the other vehicle, the owner of damaged property, or a law enforcement officer
• Report the accident to law enforcement

Virginia Code § 46.2-895 addresses situations where the accident involves a vehicle or property that is unattended. When a driver strikes an unattended vehicle or other property, the driver must:

• Stop and locate the owner to give required information, or
• Leave a written note in a conspicuous place on the damaged vehicle or property, including the driver’s name, address, and contact information
• Report the accident to local law enforcement if required under applicable laws

Merely leaving a note satisfies the legal requirement in unattended-vehicle situations. Driving away without doing either, however, is still a violation.

Property Damage Only: Misdemeanor

When a hit and run accident involves only property damage (no injuries or deaths to persons), the offense under § 46.2-896 is a Class 1 misdemeanor. The maximum penalty is 12 months in jail and a $2,500 fine.

A conviction for misdemeanor hit and run also results in:

• 6 demerit points on the Virginia DMV record, the maximum for any single offense
• Likely impact on auto insurance rates
• A criminal record, as misdemeanor hit and run is a criminal offense, not a civil infraction

Injury or Death: Felony

When a hit and run accident involves injury to or death of any person, the charge is elevated substantially. Under Va. Code § 46.2-894:

• Leaving the scene of an accident resulting in injury to another person is a Class 5 felony, carrying 1 to 10 years in prison (or at the jury’s discretion, up to 12 months in jail and a $2,500 fine)
• Leaving the scene of an accident resulting in death of another person is a Class 4 felony, carrying 2 to 10 years in prison

These are serious felony charges. The severity of the injury is a factor courts consider in sentencing, but the statutory classification is felony as soon as any person is injured, regardless of the extent of the injury.

A felony hit and run conviction results in:

• A prison sentence
• A permanent criminal felony record
• Loss of voting rights, jury service eligibility, and other civil rights
• Loss of firearm rights under Virginia and federal law
• License revocation by the DMV

License Revocation

A conviction for hit and run in Virginia results in mandatory license revocation by the Virginia Department of Motor Vehicles. The revocation period depends on the offense but is typically:

• At least one year for property damage hit and run
• Longer periods, potentially indefinite, for felony offenses involving injury or death

A revoked license is different from a suspended license: revocation requires the driver to re-apply and qualify for a new license after the revocation period expires.

Hitting a Parked Car

Many hit and run situations involve a parked vehicle in a parking lot or on a street. This is the unattended vehicle scenario governed by § 46.2-895. The duty is clear: you must either locate the owner or leave a note with your contact information. Driving away from a parked car you struck without doing either is a criminal offense.

This situation arises frequently in shopping centers, university lots, and along street parking in Christiansburg, Blacksburg, and Radford. Even a minor parking lot impact that causes a small dent can result in a Class 1 misdemeanor charge if the driver fails to leave information.

What to Do If You Left the Scene

If you were involved in an accident and left the scene, either through panic, confusion, or a conscious decision, you face a difficult situation that can be managed better with prompt legal advice. A few principles apply:

Do not continue to delay. The longer the period between the accident and when you address it, the more it may look to a prosecutor and a court like deliberate avoidance rather than a momentary lapse. Voluntarily coming forward can be a factor courts consider in sentencing, even if it does not prevent charges from being filed.

Contact an attorney before contacting police on your own. Calling police without counsel means anything you say can and will be used against you in the criminal case. Speaking with an attorney first allows you to understand your options and to present yourself to authorities in the most appropriate way.

Preserve evidence. If your vehicle sustained damage in the accident, photographs of that damage may be relevant. Any information about what happened just before, during, and after the accident may be important to your defense.

Understand that civil liability is separate. A criminal conviction for hit and run does not resolve the civil claim the injured party or property owner may have against you. Civil and criminal cases proceed on separate tracks. An insurance claim or civil lawsuit can be filed regardless of the outcome of the criminal case, and a criminal conviction can be used as evidence in civil proceedings.

Defenses and Mitigating Circumstances

The core element of a hit and run charge is that the driver knew, or should have known, that an accident occurred. Defenses may involve:

• Lack of knowledge: If the driver genuinely did not know an accident occurred (for example, a very minor impact at low speed that was not perceptible), the prosecution must establish awareness.
• Identity: In some cases, the question of who was driving the vehicle is genuinely contested.
• Emergency: In rare circumstances, a driver may have left the scene to render emergency assistance elsewhere or because they faced an imminent threat.

Mitigating factors, even if they do not constitute a complete defense, may affect sentencing. These include:

• Coming forward voluntarily within a short time
• No prior criminal record
• Cooperation with investigators
• Payment of restitution to the damaged party
• Evidence that the departure was impulsive rather than premeditated

Anyone facing hit and run charges in Montgomery County, Pulaski County, Radford, or Floyd County should consult with a criminal defense attorney promptly. The criminal charge, the DMV consequences, and the civil liability all require separate attention and may need to be addressed in coordination.

---

This article is general information only and is not legal advice. Do not rely on this article to make decisions about your specific situation. Contact Valley Legal or another licensed Virginia attorney to discuss your case. Attorney advertising.

Valley Legal, PLLC is located at 107 Pepper St SE, Christiansburg, Virginia 24073, and serves clients throughout the New River Valley of Virginia, including Montgomery County, Blacksburg, Radford, Pulaski, and surrounding communities.