Is a Hit and Run a Felony? Hit-and-Run Penalties by State

In this guide

Hit-and-run penalties in 10 states
What makes a hit and run a felony
State-by-state details
More than a fine or jail time
If you were hit by a driver who left
Frequently asked questions
Sources

Hit-and-run penalties in 10 states

Each cell shows how the state’s statute grades leaving the scene, by the most serious result of the crash. Felony cells carry a red rule; a dashed rule means the offense can be charged either way. Each state defines “serious injury” in its own words — see the state details.

State	Property damage only	Injury	Serious injury	Death
California	Misdemeanor: up to 6 months in county jail, a fine up to $1,000, or both	Felony or misdemeanor: state prison or up to 1 year in county jail, a fine of $1,000–$10,000, or both	Felony or misdemeanor (permanent, serious injury): 2, 3 or 4 years in state prison or 90 days–1 year in county jail, a fine of $1,000–$10,000, or both	Felony or misdemeanor: 2, 3 or 4 years in state prison or 90 days–1 year in county jail, a fine of $1,000–$10,000, or both
Texas	Class C misdemeanor if damage to all vehicles is under $200; Class B misdemeanor if $200 or more	Felony: up to 5 years in prison or up to 1 year in county jail, a fine up to $5,000, or both	Third-degree felony	Second-degree felony
Florida	Second-degree misdemeanor	Third-degree felony	Second-degree felony	First-degree felony, with a mandatory minimum of 4 years in prison
New York	Traffic infraction: a fine up to $250, up to 15 days in jail, or both	Class A misdemeanor, fine of $750–$1,000 (a class E felony after a prior conviction)	Class E felony, fine of $1,000–$5,000	Class D felony, fine of $2,000–$5,000
Pennsylvania	Third-degree misdemeanor: a $2,500 fine, up to 1 year in prison, or both	First-degree misdemeanor	Third-degree felony, with at least 90 days in prison and a minimum $1,000 fine	Second-degree felony, with at least 3 years in prison and a minimum $2,500 fine
Illinois	Class A misdemeanor	Class 4 felony	Class 4 felony	Class 4 felony; a driver who also fails to report within 30 minutes commits a Class 1 felony
Ohio	First-degree misdemeanor	First-degree misdemeanor	Fifth-degree felony; fourth-degree if the driver knew of the serious harm	Third-degree felony; second-degree if the driver knew of the death
Georgia	Misdemeanor: a fine of $300–$1,000, up to 12 months, or both	Misdemeanor: a fine of $300–$1,000, up to 12 months, or both	Felony: 1 to 5 years in prison	Felony: 1 to 5 years in prison
North Carolina	Class 1 misdemeanor	Class H felony	Class F felony	Class F felony, sentenced in the aggravated range for offenses on or after Dec. 1, 2025
Michigan	Misdemeanor: up to 90 days, a fine up to $100, or both	Misdemeanor: up to 1 year, a fine up to $1,000, or both	Felony: up to 5 years, a fine up to $5,000, or both	Felony: up to 5 years and $5,000 — up to 15 years and $10,000 if the driver caused the crash

Swipe the table sideways to see every column.

What makes a hit and run a felony

What the crash caused. This is the main dividing line. Property damage alone is a misdemeanor or less in every state above. An injury makes it a felony in Texas, Florida, Illinois and North Carolina. A serious injury or a death makes it a felony everywhere above except California, where it can be charged either way.
How the state defines “serious.” Texas, Florida, Pennsylvania and North Carolina use “serious bodily injury”; New York, “serious physical injury”; Ohio, “serious physical harm”; Michigan, “serious impairment of a body function”; Georgia, “serious injury”; California, “permanent, serious injury.” Illinois doesn’t separate them — any injury makes it a felony.
What the driver knew. Georgia’s law applies to a driver who “knowingly” fails to stop; North Carolina’s to one who knows or reasonably should know of the crash; Michigan’s to one who knows or has reason to believe they were in an accident. Florida’s felony levels require a willful violation, and in Ohio the felony goes up a degree when the driver knew someone was seriously hurt or killed.
What the driver did next. In Illinois, a driver who leaves an injury crash must report it to police within 30 minutes. Not reporting is a separate, more serious felony.
Prior convictions. In New York, an injury hit and run after a prior conviction is a felony. Georgia raises the minimum fine for repeat convictions within five years.

State-by-state details

Open a state for its penalties, notes and statutes.

California: leaving the scene of an accident

Property damage only: Misdemeanor: up to 6 months in county jail, a fine up to $1,000, or both (Veh. Code § 20002)
Injury: Felony or misdemeanor: state prison or up to 1 year in county jail, a fine of $1,000–$10,000, or both (Veh. Code § 20001)
Serious injury: Felony or misdemeanor (permanent, serious injury): 2, 3 or 4 years in state prison or 90 days–1 year in county jail, a fine of $1,000–$10,000, or both (Veh. Code § 20001)
Death: Felony or misdemeanor: 2, 3 or 4 years in state prison or 90 days–1 year in county jail, a fine of $1,000–$10,000, or both (Veh. Code § 20001)

Because the injury offenses can be punished either by state prison or by county jail, they can be charged as a felony or a misdemeanor (Penal Code § 17).
“Permanent, serious injury” means the loss or permanent impairment of function of a bodily member or organ. Other injuries fall in the lower tier.
Hitting a parked car or other property: stop, then either find the owner and give your name and address, or leave a written note in a conspicuous place and notify the police without unnecessary delay.

Statutes: California Vehicle Code § 20001 · California Vehicle Code § 20002 · California Penal Code § 17

Texas: leaving the scene of an accident

Property damage only: Class C misdemeanor if damage to all vehicles is under $200; Class B misdemeanor if $200 or more (Transp. Code § 550.022)
Injury: Felony: up to 5 years in prison or up to 1 year in county jail, a fine up to $5,000, or both (Transp. Code § 550.021(c))
Serious injury: Third-degree felony (Transp. Code § 550.021(c))
Death: Second-degree felony (Transp. Code § 550.021(c))

Texas law calls any offense punishable by confinement in a penitentiary a felony (Penal Code § 1.07), so the injury-level offense is a felony even though a county-jail sentence is possible.
The duty covers a collision that results — or is reasonably likely to result — in injury or death: stop, return if you didn’t, check whether anyone needs aid, and stay until you’ve given your information and reasonable help.

Statutes: Texas Transportation Code § 550.021 · Texas Transportation Code § 550.022 · Texas Penal Code § 1.07

Florida: leaving the scene of an accident

Property damage only: Second-degree misdemeanor (Stat. § 316.061)
Injury: Third-degree felony (Stat. § 316.027(2)(a))
Serious injury: Second-degree felony (Stat. § 316.027(2)(b))
Death: First-degree felony, with a mandatory minimum of 4 years in prison (Stat. § 316.027(2)(c))

The felony levels apply to a driver who willfully fails to stop and remain at the scene.
A judge can go below the 4-year minimum for a death only after finding it would be an injustice — and not if the driver was under the influence.
On a property-damage-only crash, the court may order a convicted driver who caused or contributed to the crash to pay the owner for the damage.

Statutes: Florida Statutes § 316.027 (2025) · Florida Statutes § 316.061 (2025)

New York: leaving the scene of an accident

Property damage only: Traffic infraction: a fine up to $250, up to 15 days in jail, or both (VTL § 600(1))
Injury: Class A misdemeanor, fine of $750–$1,000 (a class E felony after a prior conviction) (VTL § 600(2)(c))
Serious injury: Class E felony, fine of $1,000–$5,000 (VTL § 600(2)(c))
Death: Class D felony, fine of $2,000–$5,000 (VTL § 600(2)(c))

Leaving after damaging only property is a traffic infraction, not a crime.
If the only violation is failing to show a license and insurance card or exchange information, it’s a lesser class B misdemeanor.

Statutes: New York Vehicle and Traffic Law § 600

Pennsylvania: leaving the scene of an accident

Property damage only: Third-degree misdemeanor: a $2,500 fine, up to 1 year in prison, or both (75 Pa.C.S. § 3743)
Injury: First-degree misdemeanor (75 Pa.C.S. § 3742(b)(1))
Serious injury: Third-degree felony, with at least 90 days in prison and a minimum $1,000 fine (75 Pa.C.S. § 3742(b)(2))
Death: Second-degree felony, with at least 3 years in prison and a minimum $2,500 fine (75 Pa.C.S. § 3742(b)(3))

The mandatory minimum prison terms and fines for serious bodily injury and death are written into the statute itself.

Statutes: 75 Pa.C.S. § 3742 · 75 Pa.C.S. § 3743

Illinois: leaving the scene of an accident

Property damage only: Class A misdemeanor (625 ILCS 5/11-402)
Injury: Class 4 felony (625 ILCS 5/11-401(c))
Serious injury: Class 4 felony (625 ILCS 5/11-401(c))
Death: Class 4 felony; a driver who also fails to report within 30 minutes commits a Class 1 felony (625 ILCS 5/11-401(c)–(d))

A driver who leaves an injury crash must report it at a police station or sheriff’s office near the scene within 30 minutes (or within 30 minutes of leaving the hospital, if hospitalized and unable to report). Failing to report is a Class 2 felony — Class 1 if someone died. The report itself can’t be used to prosecute the failure to stop.
The Secretary of State revokes the license of anyone convicted.

Statutes: 625 ILCS 5/11-401 · 625 ILCS 5/11-402

Ohio: leaving the scene of an accident

Property damage only: First-degree misdemeanor (R.C. 4549.02(B)(1))
Injury: First-degree misdemeanor (R.C. 4549.02(B)(1))
Serious injury: Fifth-degree felony; fourth-degree if the driver knew of the serious harm (R.C. 4549.02(B)(2))
Death: Third-degree felony; second-degree if the driver knew of the death (R.C. 4549.02(B)(3))

Every conviction brings a class five license suspension; the first six months can’t be suspended by the judge.
If the driver doesn’t show proof of financial responsibility (such as insurance), the court may order up to $5,000 in restitution for the economic loss the crash caused.

Statutes: Ohio Revised Code § 4549.02

Georgia: leaving the scene of an accident

Property damage only: Misdemeanor: a fine of $300–$1,000, up to 12 months, or both (O.C.G.A. § 40-6-270(c))
Injury: Misdemeanor: a fine of $300–$1,000, up to 12 months, or both (O.C.G.A. § 40-6-270(c))
Serious injury: Felony: 1 to 5 years in prison (O.C.G.A. § 40-6-270(b))
Death: Felony: 1 to 5 years in prison (O.C.G.A. § 40-6-270(b))

The law applies to a driver who knowingly fails to stop.
The misdemeanor fine can’t be suspended or replaced with probation. A second conviction within five years raises the minimum fine to $600; a third, to $1,000.

Statutes: O.C.G.A. § 40-6-270

North Carolina: leaving the scene of an accident

Property damage only: Class 1 misdemeanor (G.S. 20-166(c))
Injury: Class H felony (G.S. 20-166(a1))
Serious injury: Class F felony (G.S. 20-166(a))
Death: Class F felony, sentenced in the aggravated range for offenses on or after Dec. 1, 2025 (G.S. 20-166(a); S.L. 2025-71)

The law applies to a driver who knows or reasonably should know of the crash and the injury.
For offenses on or after Dec. 1, 2025, a 2025 law (S.L. 2025-71) revokes the license for four years after a serious-injury hit and run and permanently after a fatal one, and adds a one-year revocation for failing to give information or reasonable help.

Statutes: N.C. Gen. Stat. § 20-166 · Summer 2025 Motor Vehicle Law Changes (S.L. 2025-71 and G.S. 20-166, effective Dec. 1, 2025)

Michigan: leaving the scene of an accident

Property damage only: Misdemeanor: up to 90 days, a fine up to $100, or both (MCL 257.618)
Injury: Misdemeanor: up to 1 year, a fine up to $1,000, or both (MCL 257.617a)
Serious injury: Felony: up to 5 years, a fine up to $5,000, or both (MCL 257.617(2))
Death: Felony: up to 5 years and $5,000 — up to 15 years and $10,000 if the driver caused the crash (MCL 257.617(2)–(3))

The law applies to a driver who knows or has reason to believe they were involved in an accident.

Statutes: Michigan Compiled Laws § 257.617 · Michigan Compiled Laws § 257.617a · Michigan Compiled Laws § 257.618

More than a fine or jail time

Your license. Illinois revokes the license of anyone convicted. Ohio imposes a class five suspension, and the first six months can’t be suspended. North Carolina, for offenses on or after Dec. 1, 2025, revokes for four years after a serious-injury hit and run and permanently after a fatal one.
Paying for the damage. Florida courts may order a driver convicted of a property-damage hit and run who caused or contributed to the crash to pay the owner. Ohio courts may order up to $5,000 in restitution when the driver can’t show proof of financial responsibility.
A separate claim for money. A criminal case doesn’t decide what the driver owes the people who were hurt. That’s a separate injury claim against the driver — and against their liability insurance, if they had it.

If you were hit by a driver who left

For the person left at the scene, the money questions are different: who pays for the car, the medical bills and the missed work if the driver is never found. The first steps protect that claim:

Call the police and report the crash right away, even if you don’t feel hurt. Write down anything you remember about the other car.
Get medical care, and keep every record and bill.
Tell your own insurer promptly; your policy spells out what it requires after an accident. Depending on what it includes and your state’s rules, uninsured motorist, collision or medical payments coverage may pay when the driver isn’t found.
Keep track of every bill and missed day of work. Those become the numbers in your claim.

If a claim ends in a settlement, our take-home calculator shows what would be left after the lawyer’s fee, case costs and medical liens.

Frequently asked questions

Is a hit and run a felony?

It depends on what the crash caused and on the state. In the 10 states we checked, leaving the scene of a crash that seriously injures or kills someone is a felony in 9, and in California it can be charged as a felony or a misdemeanor. Leaving after a crash that damaged only property is a misdemeanor or less in all 10.

Is leaving the scene of an accident a felony if no one was hurt?

Usually not. In every state in our table, leaving after damaging only a vehicle or other property is a misdemeanor — or, in New York, a traffic infraction. It can still mean jail: up to 6 months in California, up to a year in Pennsylvania and Georgia, and up to 90 days in Michigan.

Can you go to jail for a hit and run?

Yes. Several states write prison terms into the hit-and-run law itself: Florida sets a 4-year mandatory minimum when someone dies, Pennsylvania requires at least 3 years for a death and 90 days for a serious injury, and Georgia sets 1 to 5 years for a serious injury or death. Michigan allows up to 15 years when the driver caused a fatal crash.

What should I do if I hit a parked car and no one is around?

Stop and leave your information. In California, for example, you must either find the owner or leave a written note with your name and address in a conspicuous place, and then notify the police without unnecessary delay. Driving off without doing that is a misdemeanor there.

Can hit and run charges be dropped?

Like any criminal charge, a hit-and-run charge can be reduced or dismissed, but that’s up to the prosecutor and the court and depends on the evidence. Several states’ laws turn on what the driver knew — Georgia’s applies to a driver who “knowingly” fails to stop, and North Carolina’s to one who knows or reasonably should know of the crash. A criminal defense lawyer in the state is the person to ask.

Reviewed by

Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate

Sources

California Vehicle Code § 20001 — Duty to stop after an accident causing injury or death; penalties (FindLaw (California Vehicle Code))
California Vehicle Code § 20002 — Duties when only property is damaged, including unattended vehicles (FindLaw (California Vehicle Code))
California Penal Code § 17 — Felonies, misdemeanors and crimes punishable either way (FindLaw (California Penal Code))
Texas Transportation Code § 550.021 — Accident involving personal injury or death (FindLaw (Texas Transportation Code))
Texas Transportation Code § 550.022 — Accident involving damage to a vehicle (FindLaw (Texas Transportation Code))
Texas Penal Code § 1.07 — Definitions of “felony” and “misdemeanor” (FindLaw (Texas Penal Code))
Florida Statutes § 316.027 (2025) — Crash involving death or personal injuries (The Florida Senate)
Florida Statutes § 316.061 (2025) — Crashes involving damage to vehicle or property (The Florida Senate)
New York Vehicle and Traffic Law § 600 — Leaving the scene of an incident without reporting (New York State Senate)
75 Pa.C.S. § 3742 — Accidents involving death or personal injury (FindLaw (Pennsylvania Vehicle Code))
75 Pa.C.S. § 3743 — Accidents involving damage to attended vehicle or property (FindLaw (Pennsylvania Vehicle Code))
625 ILCS 5/11-401 — Motor vehicle crashes involving death or personal injuries (FindLaw (Illinois Vehicle Code))
625 ILCS 5/11-402 — Motor vehicle crashes involving damage to a vehicle (FindLaw (Illinois Vehicle Code))
Ohio Revised Code § 4549.02 — Stopping after an accident on public roads (FindLaw (Ohio Revised Code))
O.C.G.A. § 40-6-270 — Duty of driver to stop at or return to the scene of an accident (FindLaw (Official Code of Georgia))
N.C. Gen. Stat. § 20-166 — Duty to stop in the event of a crash (FindLaw (North Carolina General Statutes))
Summer 2025 Motor Vehicle Law Changes (S.L. 2025-71 and G.S. 20-166, effective Dec. 1, 2025) (UNC School of Government, North Carolina Criminal Law blog)
Michigan Compiled Laws § 257.617 — Accident resulting in serious impairment of a body function or death (FindLaw (Michigan Vehicle Code))
Michigan Compiled Laws § 257.617a — Accident resulting in injury (FindLaw (Michigan Vehicle Code))
Michigan Compiled Laws § 257.618 — Accident resulting in damage to an attended vehicle (FindLaw (Michigan Vehicle Code))

Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.