Hit-and-Run: Felony vs Misdemeanor

Being involved in a car accident is stressful, but leaving the scene can make matters much worse. Washington law takes hit-and-run offenses seriously, with penalties that depend on the circumstances of the accident. Whether it involves property damage, injury, or death, the consequences can include jail time, fines, and the loss of driving privileges.

Property Damage: Misdemeanor Offense

If a driver leaves the scene of an accident that only causes property damage—such as hitting a parked car or damaging a fence, it is typically charged as a misdemeanor under RCW 46.52.010. The law requires drivers to stop, provide their information, and, if the property is unattended, leave a written note with contact details. A misdemeanor conviction can lead to up to 90 days in jail and fines of up to $1,000, along with possible insurance and licensing consequences.

Injury or Death: Felony Offense

The stakes rise significantly when a driver leaves the scene of an accident involving injury or death. Under RCW 46.52.020, failing to stop and provide assistance in these situations can result in a felony charge.

  • Injury cases are generally Class C felonies, punishable by up to 5 years in prison and $10,000 in fines.
  • Fatal accidents are Class B felonies, carrying up to 10 years in prison and fines of up to $20,000.
    In addition, a conviction will almost always lead to the revocation of driving privileges.

Common Defenses

Not every accusation of hit-and-run is clear-cut. Some possible defenses include:

  • Lack of knowledge: The driver genuinely did not know they were involved in an accident.
  • Emergency circumstances: The driver left the scene due to a medical emergency or immediate danger.
  • Mistaken identity: The wrong person was identified as the driver.

A hit-and-run charge in Washington can derail your life, leading to criminal penalties and lasting effects on your record. Having an experienced defense attorney can make the difference in challenging the evidence, negotiating reduced charges, or even seeking dismissal where appropriate.

At the Law Office of Erin Bradley McAleer, we help clients across Washington navigate hit-and-run cases with skill and commitment. If you’ve been charged, the sooner you get legal help, the better your chances of protecting your rights and future.