Is a Hit and Run a Felony? When Leaving the Scene Becomes a Felony (2026)

In every U.S. state, a hit and run involving only property damage is a misdemeanor. The moment someone is injured or killed, leaving the scene becomes a felony in virtually every state. This is the near-universal dividing line: property damage = misdemeanor; injury or death = felony. The penalties for felony hit-and-run range from 1 year (Wyoming, which has no felony tier at all) to 30 years in prison (Florida for a fatal hit-and-run), with mandatory license revocation, fines reaching tens or even hundreds of thousands of dollars, and a permanent criminal record.

There are only two jurisdictions that do not elevate hit-and-run to a felony even when someone dies: Wyoming and Washington DC. Wyoming caps even a fatal hit-and-run at 1 year in jail and a $5,000 fine. DC treats all leaving-after-colliding offenses as misdemeanors, with a maximum of 1 year even for injury cases. Every other state treats hit-and-run involving injury or death as a felony, though the degree, classification, and maximum penalty vary significantly.

A few states go further than the norm. Virginia makes property-damage hit-and-run a felony when the damage exceeds $1,000, even without any injury. Arkansas makes property-damage hit-and-run a Class D felony when damage reaches $10,000. Missouri elevates property-damage hit-and-run to a felony when damage exceeds $1,000 or the driver has a prior conviction. Florida imposes a 4-year mandatory minimum prison sentence for DUI hit-and-run fatalities, and Pennsylvania imposes a mandatory 3-year minimum for fatal hit-and-run.

It is critical to understand that fault for the underlying crash and fault for fleeing the scene are two separate questions. A driver who was not at fault for the collision can still be charged with and convicted of hit-and-run for leaving the scene. In most states, the duty to stop applies regardless of who caused the accident. Leaving the scene is always a separate crime from the collision itself.

A hit and run — also called 'leaving the scene of an accident,' 'failure to stop,' or 'evasion of responsibility' (Connecticut's term) — occurs when a driver involved in a collision fails to fulfill their legal duties before leaving. The term 'hit and run' is not a formal legal term in most state codes; the statutes use phrases like 'duty to stop,' 'leaving the scene,' or 'failure to render aid.' But the concept is the same everywhere: if you are involved in a collision, you have legal obligations, and leaving without fulfilling them is a crime.

A collision does not require two moving vehicles. Hit-and-run laws apply to collisions with parked cars, fixed objects, fences, mailboxes, pedestrians, bicyclists, animals (in some states), and even property like lawns or buildings. Most states distinguish between 'attended' vehicles (someone is in or near the vehicle) and 'unattended' vehicles (parked and empty). For unattended vehicles or property, the driver must attempt to locate the owner and, if unsuccessful, leave a written note with their identifying information and report to police — usually within a short time.

The definition of 'involved in' a collision is broader than many people assume. In most states, a driver is 'involved' if their vehicle (or its load) contributed to the collision in any way, even without direct contact. Nevada case law (Clancy v. State, 2013) confirmed that physical contact between vehicles is not required — a driver whose actions caused another vehicle to crash can be convicted of hit-and-run even if their own vehicle never touched the other. West Virginia's State v. McClain (2022) reached the same conclusion.

Most states require the prosecution to prove that the driver knew or should have known they were involved in a collision. This is called the 'knowledge element.' Some states (Colorado, Arkansas for the basic offense) impose strict liability — the prosecution does not need to prove the driver knew. Others (Alaska, Vermont, New Mexico) require proof of actual knowledge of the accident. The knowledge of injury or death is a separate question: many states (Nevada, New Jersey, New York) do NOT require the prosecution to prove the driver knew someone was hurt — only that they knew (or should have known) the accident happened.

The severity of a hit-and-run charge depends primarily on the outcome of the collision. Every state uses some version of a three-tier system: property damage only, bodily injury, and death. The penalties increase dramatically at each tier.

PROPERTY DAMAGE ONLY: In nearly every state, leaving the scene of a collision that caused only property damage (no injuries) is a misdemeanor. Typical penalties range from up to 6 months in jail (California, Idaho, Nevada) to up to 1 year (many states), with fines from $500 to $2,500. Wisconsin is unique in treating property-damage-only hit-and-run involving unattended vehicles or property as a non-criminal civil forfeiture (up to $200). A few states (Virginia, Arkansas, Missouri) elevate property-damage hit-and-run to a felony when the damage exceeds a dollar threshold ($1,000 in VA and MO, $10,000 in AR).

BODILY INJURY: When the collision results in any injury to a person, leaving the scene becomes a felony in most states. Some states distinguish between ordinary injury and 'serious bodily injury' or 'great bodily harm,' with higher felony classes for the latter. For example, Texas charges non-serious injury as a state jail felony (up to 5 years) but serious bodily injury as a 3rd-degree felony (2–10 years). Ohio charges serious physical harm as a 5th-degree felony (or 4th-degree if the driver knew). A few states (Maryland, Michigan, Minnesota, West Virginia, Tennessee) treat non-serious injury as a misdemeanor and only elevate to felony for serious injury or death.

DEATH: When the collision results in a fatality, leaving the scene is the most serious form of hit-and-run. In most states, this is a high-degree felony with significant prison time. Florida imposes up to 30 years with a 4-year mandatory minimum. Mississippi imposes 5–20 years. South Carolina imposes 1–25 years. Louisiana's enhanced tier reaches 20 years. Pennsylvania imposes a mandatory 3-year minimum. Nevada imposes a mandatory 2–20 years. Texas imposes 2–20 years. Arizona imposes up to 12.5 years (or 21 years if classified as dangerous). The maximum penalty for a fatal hit-and-run ranges from 1 year (Wyoming) to 30 years (Florida).

All 50 states and Washington DC impose three universal duties on drivers involved in a collision, regardless of who was at fault:

1. DUTY TO STOP: The driver must immediately stop at the scene or as close to the scene as safely possible, and remain until they have fulfilled their other legal duties. Stopping 'just for a minute' and then leaving does not satisfy this duty. In most states, the stop must be 'immediate' or 'without unreasonable delay.' Many states also have 'move it' laws encouraging drivers to move drivable vehicles out of travel lanes after minor non-injury crashes, but this does not eliminate the duty to stop and exchange information.

2. DUTY TO EXCHANGE INFORMATION: The driver must provide their name, address, driver's license number, vehicle registration number, and (in most states) proof of insurance. If the other vehicle is unattended or the property owner is not present, the driver must attempt to locate the owner and, if unsuccessful, leave a conspicuous written note with the required information. Most states also require a police report when someone is injured or killed, and many require a report when property damage exceeds a dollar threshold (ranging from a few hundred dollars to $1,500+).

3. DUTY TO RENDER REASONABLE AID: Nearly every state requires the driver to render 'reasonable assistance' to anyone injured in the collision. This typically means calling 911, staying with injured persons, and arranging or providing transport to a hospital. Mississippi and a few other states provide civil immunity for good-faith emergency care rendered at the scene. Some states (Georgia, Florida) specifically require the driver to contact EMS if a victim is unconscious, appears deceased, or cannot communicate. Minnesota provides an affirmative defense: leaving the scene to take an injured person for emergency medical care is allowed if the driver gives notice to law enforcement as soon as reasonably feasible.

Failing to fulfill ANY of these three duties can result in a hit-and-run charge. A driver who stops and exchanges information but fails to render aid to an injured person can still be charged — in Alaska, failure to render aid is specifically the felony tier, while failure to provide information is only a misdemeanor. A driver who leaves the scene to avoid a DUI investigation faces enhanced penalties in several states.

The general rule across the United States is clear: hit-and-run becomes a felony when the collision results in injury or death to any person. Property damage alone stays a misdemeanor (with a few exceptions). But the specific mechanisms by which states elevate the charge vary considerably.

The most common approach is a graduated system based on outcome: property damage = misdemeanor; injury = lower-degree felony; serious injury = mid-degree felony; death = highest-degree felony. States like Florida, Ohio, Texas, Oregon, and Pennsylvania use this approach. For example, Florida escalates from 2nd-degree misdemeanor (property) to 3rd-degree felony (injury) to 2nd-degree felony (serious injury) to 1st-degree felony (death, up to 30 years).

Some states use a knowledge-based system, where the felony classification depends on whether the driver knew or should have known the severity of the outcome. Kansas creates a multi-tier ladder: death when the driver was unaware = severity level 6; death when the driver knew or should have known = severity level 4; multiple deaths with knowledge = severity level 3. Ohio similarly elevates the felony degree when the driver knew of the harm: death without knowledge = F3, death with knowledge = F2. New Mexico uses 2nd-degree felony when the driver knew of the serious outcome and 3rd-degree when unaware.

A few states make property-damage hit-and-run a felony under certain conditions. Virginia makes it a Class 5 felony when property damage exceeds $1,000. Arkansas makes it a Class D felony when property damage reaches $10,000. Missouri elevates to a Class E felony when property damage exceeds $1,000 or the driver has a prior conviction. Connecticut makes a subsequent property-damage offense a Class D felony. These are exceptions to the general rule that property-damage-only hit-and-run is a misdemeanor.

Maryland is particularly nuanced: mere flight from a fatal accident is a misdemeanor (up to 5 years) unless the State proves the driver knew or should have known the accident might cause death — only then does it become a felony (up to 10 years). Tennessee only reaches felony (Class E) when death results AND the driver knew or should have known the person was fatally injured. These knowledge requirements can be a significant issue in litigation.

Beyond criminal penalties, a hit-and-run conviction triggers administrative and financial consequences that can last for years.

LICENSE CONSEQUENCES: A hit-and-run conviction triggers DMV license suspension or revocation in virtually all states. For property-damage hit-and-run, suspension typically ranges from a few months to 1 year. For injury or death hit-and-run, most states impose mandatory revocation of 1–3 years, with some states going higher: Arizona revokes for 3 years (non-serious injury), 5 years (serious injury), or 10 years (death). Massachusetts revokes for 3 years (death, first offense) or 10 years (subsequent). North Carolina imposes a mandatory 1-year revocation with no judicial discretion to waive. Idaho's 1-year revocation precludes any work permit or hardship exception. Most states require SR-22 financial responsibility filing and payment of reinstatement fees before the license is restored.

INSURANCE CONSEQUENCES: A hit-and-run conviction typically triggers SR-22 financial responsibility filing requirements. The SR-22 is a certificate from your insurer proving you carry the state's minimum liability coverage. Duration varies by state: typically 3 years for property-damage hit-and-run and 5 years for hit-and-run involving injury or death. Four states (Massachusetts, Michigan, New Jersey, New York) do not use SR-22 — they have their own financial responsibility systems. Insurance premium increases of 120–350% are common, with felony hit-and-run at the top of the range and fewer insurers willing to write policies. Specialty insurers (Progressive, Dairyland, The General) and state-assigned risk plans serve this market. Non-owner SR-22 policies (40–55% cheaper) are available if the driver does not own a vehicle. Moving to another state does NOT cancel the SR-22 obligation — it follows the driver.

A driver's own liability coverage may not cover damage caused by their hit-and-run flight, as some policies exclude coverage for criminal acts. Victims of hit-and-run typically rely on uninsured motorist (UM) coverage from their own policy. Many states require UM coverage, which can compensate victims for medical expenses, lost wages, and pain and suffering caused by an unidentified or uninsured hit-and-run driver.

While the general rule (property damage = misdemeanor, injury/death = felony) holds in most states, the differences between states are significant and can dramatically affect the outcome of a case.

MAXIMUM PENALTIES: The maximum prison sentence for a fatal hit-and-run ranges from 1 year (Wyoming, a misdemeanor) to 30 years (Florida, a 1st-degree felony). South Carolina reaches 25 years, Mississippi 20 years, Louisiana 20 years (enhanced tier), Arizona 12.5+ years, and Pennsylvania 10 years (with a 3-year mandatory minimum). Nevada imposes a mandatory 2–20 years with no eligibility for probation. These differences mean the same conduct can carry vastly different consequences depending on where it occurs.

KNOWLEDGE REQUIREMENTS: Some states impose strict liability (Colorado, Arkansas for the basic offense) — the prosecution does not need to prove the driver knew an accident occurred. Others require proof of actual knowledge (Alaska, Vermont, New Mexico). Many states require the driver to have known or should have known of the accident but do NOT require knowledge of the injury or death (Nevada, New Jersey, New York). A few states (Maryland, Tennessee) require knowledge of the serious outcome for the felony tier — without it, the charge remains a misdemeanor even if someone died.

PROPERTY-DAMAGE FELONY THRESHOLDS: Virginia ($1,000), Missouri ($1,000), and Arkansas ($10,000) make property-damage hit-and-run a felony above a dollar threshold. Wisconsin treats property-damage-only hit-and-run as a non-criminal civil forfeiture. Most other states keep property-damage hit-and-run as a misdemeanor regardless of the dollar amount.

NAMED LAWS: Several states have named their hit-and-run statutes after victims. Florida's 'Aaron Cohen Life Protection Act' (2014) imposed a 4-year mandatory minimum for DUI hit-and-run fatalities. West Virginia's 'Erin's Law' (2009) was named for Erin Keener, a WVU student killed in an unsolved 2005 hit-and-run. Alabama's 'Devinee Rooney and John Wesley Holt Safe Streets Act' (2026) upgrades fatal hit-and-run from Class C to Class B felony. These named laws typically reflect public outrage over specific cases and often include enhanced penalties.

FEDERAL PROPERTY: There is no specific federal hit-and-run statute. On federal enclaves (national parks, military bases, federal reservations), hit-and-run is prosecuted through the Assimilative Crimes Act (18 U.S.C. § 13), which 'borrows' the hit-and-run statute of the state in which the enclave is located. A hit-and-run in Yosemite assimilates California law; in Yellowstone, Wyoming law applies. Where a death results on federal property, federal manslaughter (18 U.S.C. § 1112) may also apply.

If you are charged with hit-and-run — whether misdemeanor or felony — you face criminal penalties, license consequences, and long-term collateral consequences. Here is what you need to know.

SEEK LEGAL COUNSEL IMMEDIATELY: Hit-and-run is a serious charge, especially the felony tier. A criminal defense attorney who practices in the state where the charge was filed can evaluate the strength of the prosecution's case, identify potential defenses, and negotiate for reduced charges or alternative sentencing. Many defenses turn on the knowledge element — whether the driver knew or should have known they were involved in a collision and whether they knew or should have known someone was injured. An attorney can challenge the prosecution's ability to prove these elements.

POTENTIAL DEFENSES: Common defenses include: (1) Lack of knowledge — the driver did not know and could not reasonably have known they were involved in a collision (particularly relevant in states like Alaska, Vermont, and New Mexico that require actual knowledge). (2) Reasonable belief of safety risk — DC and some other states allow an affirmative defense if the driver left because of a reasonable fear for personal safety, provided they called 911 and gave identifying information as soon as safe. (3) Compliance with duties — the driver did stop, exchange information, and render aid, or attempted to locate the owner of an unattended vehicle. (4) Emergency medical transport — Minnesota and some other states allow leaving to transport an injured person for medical care if notice is given to law enforcement. (5) Constitutional challenges — challenging the traffic stop, identification procedures, or evidence collection.

COLLATERAL CONSEQUENCES: A hit-and-run conviction appears on criminal background checks and can affect employment, housing, professional licensing, and immigration status. For noncitizens, a felony hit-and-run conviction may qualify as a crime involving moral turpitude (CIMT), affecting admissibility, deportability, and eligibility for cancellation of removal. The Ninth Circuit (Conejo-Bravo v. Sessions, 2017) held that a California felony hit-and-run can be a CIMT, while the Fifth Circuit (Garcia-Maldonado v. Gonzales, 2007) held that a Texas failure-to-stop-and-render-aid conviction qualifies as a CIMT. A property-damage-only misdemeanor hit-and-run is less likely to trigger immigration consequences, but noncitizens should consult an immigration attorney.

EXPUNGEMENT: Whether a hit-and-run conviction can be expunged depends on the state and the severity. Many states allow expungement only when the case was dismissed or resulted in acquittal, NOT after a conviction. Felony hit-and-run involving injury or death is generally non-expungable or requires a governor's pardon. Misdemeanor hit-and-run (property damage) is more often expungeable after a waiting period of 5–10 years. New Jersey (In re Expungement of H.M.S., 2020) confirmed that leaving the scene of a fatal accident is NOT eligible for expungement. Florida allows expungement only when there was no conviction. Kentucky allows misdemeanor expungement after 5 years. Utah's Clean Slate law auto-expunges certain Class C misdemeanors after 5 years. Consult a local attorney to understand your state's expungement rules.

This article is informational only, not legal advice. If you are facing hit-and-run charges, consult a licensed criminal defense attorney in your state.