Charges for hit-and-run cases, especially injury-related ones, are grave. However, even with these serious crimes, California imposes statutes of limitations, which are timeframes within which a case should be filed. Knowing the deadlines is an integral part of building a solid defense. 

Learning the timeframe that the prosecutor must file charges can impact your case outcome. If the prosecution goes beyond the timeline to file charges, it is possible to have the case dismissed. The information below will help you better understand California's statute of limitations for hit-and-run charges.

What is a Statute of Limitations, and Why Does It Matter?

A statute of limitations creates a time limit for filing a lawsuit and initiating criminal prosecutions. When this time expires, you can no longer sue or prosecute. You want to protect the evidence’s integrity and the trial's fairness. It would be better to act fast to have a reliable resolution to your case. Witness testimony and other evidence become less reliable and deteriorate as time passes. You deserve protection against threats of prosecution or litigation that has no end. You deserve closure and legal certainty.

In criminal matters, the period depends on the type of offense. According to CVC 20002, a person can be prosecuted for a misdemeanor hit-and-run within a year. For felony hit-and-run under CVC 20001, the statute of limitations is capped at 3 years. Under Penal Code 801, most felonies have a three-year statute of limitations. Under Penal Code 799, murder and certain sex offenses have no statute of limitations.

The limitations provided within the statute are in place to prevent wrongful convictions by ensuring that cases rely on fresh, reliable evidence.

Statute of Limitations for Misdemeanor Hit and Run Under California Vehicle Code Section 20002

The statute of limitations for a misdemeanor hit-and-run with only property damage, under California Vehicle Code Section 20002, is typically one year from the date of the offense. The CVC 20002 does not explicitly state this time limit.

This section defines the crime as failing to stop, find the owner, leave your contact information, or notify a police officer after damaging property in a collision. California Penal Code Section 802(a) establishes the time limit for prosecuting most misdemeanors. So prosecutors who want to file a case against you have a year from the date of the incident to do so, or your case is time-barred unless there are exceptions that apply.

In the case of a misdemeanor hit and run, as per CVC 20002, the clock starts running on the accident date. For example, if a driver strikes a parked car on April 2, 2025, and takes off without following the law, the state can prosecute only until April 2, 2026. The offense is a misdemeanor, which carries less punishment than a felony hit-and-run case under CVC 20001. The punishments are:

  • Up to six months in jail

  • A maximum $1,000 fine, or both

Prosecutors have this time to collect evidence, identify the person, and charge, meaning it is a relatively short time to take legal action.

One area of confusion could arise with the phrase “time limit to report property damage hit-and-run.” This often pertains to separate requirements. For example, the law requires you to report to the Department of Motor Vehicles (DMV) within 10 days if damages exceed $1,000 due to a hit-and-run per CVC 16000. It is also worth noting that you may be required to report to police or insurance for other civil or administrative purposes.

The deadlines for reporting are different from the prosecution statute of limitations. Notifying the DMV or police department does not extend the one-year prosecution window. However, promptly notifying those agencies can help investigators and allow the state to act before the statute of limitations. Victims should report as soon as possible to ensure the proper identification of the driver. However, the statute of limitations remains tied to the day of the offense and not the reporting date.

Statute of Limitations for Felony Hit and Run Under California Vehicle Code Section 20001

When any injury or death happens as a result of a hit and run, the statute of limitations for that will be 3 years. Per California Penal Code Section 801, the state will have three years to bring charges.

For felony hit-and-run cases under CVC 20001, the 3-year statute of limitations generally begins on the accident date. Under CVC 20001, drivers must stop and give their name, address, vehicle registration, and driver’s license to law enforcement or the person in the accident. Drivers are also expected to help the injured party.

Felony hit-and-runs are wobblers, meaning that a prosecutor can charge the driver with a misdemeanor or a felony. If you are convicted of a misdemeanor violation, you could face:

  • One year in jail

  • A fine between $1,000 and $10,000

If you are convicted of a felony violation, you could face:

  • 16 months to 3 years in jail

  • A fine between $1,000 and $10,000

The statute of limitations can be extended if the incident's results are worse. If, for example, death or serious permanent injury results from the accident, the prosecution window could increase because of the gravity of the case.

California law has some exceptions that can extend the statute of limitations of felony hit-and-run, specifically in the following cases:

  • According to PC 801.1, if the felony is punishable by 8 years or more imprisonment, common with aggravated hit-and-run causing great bodily injury, the prosecution window is extended to 6 years.

  • If the accident causes the person to die and the driver’s actions constitute murder or manslaughter, Penal Code Section 799 eliminates the statute of limitations. Further, a hit-and-run causing death also comes under this exception. Generally, a hit-and-run accident causing serious injury to the person has a separate statute of limitations of three or six years, depending on the circumstances. A hit-and-run causing vehicular manslaughter could have the statute of limitations extended by 3 or 6 years. However, if the driver can be shown to have murdered as a result of intent or recklessness, there is no limitation on prosecution.

  • If the driver's identity is unknown or if the driver flees the state, the statute of limitations could be tolled under Penal Code Section 803, stopping the clock from running until the suspect is found.

There is a three-year limit (PC 801) for injuries arising from a hit-and-run, although the time frame could be longer depending on the level of injury severity. If you are involved in a hit-and-run felony that causes great injury and has a potential 8-year maximum sentence, this crime has a 6-year statute under PC 801.1. Minor injuries fall within the usual 3-year limit, while permanent or severe injuries could invoke the 6-year rule.

When someone dies, the legal deadline for charging someone can be removed entirely, especially if murder is involved. This provision in the statute of limitations allows for justice on behalf of the victim, and the prosecution for serious offenses encourages the investigation of the case. As medical records or eyewitness evidence can be destroyed over time, the no-limit aims to achieve a balance between accountability.

When Does the Statute of Limitations Clock Start Ticking?

The start date for the statute of limitations for hit and run is usually when the hit and run occurs. In either a misdemeanor or felony case, the clock starts on the collision date. That is when you, the driver:

  • Failed to stop

  • Give your information, or

  • Provide assistance

Under Penal Code Section 804, the statute of limitations usually starts when the crime is completed, not when it is reported or discovered. When someone is injured, authorities may not always discover it right away.

In contrast to civil cases, which can delay the start of the time limit under the “discovery rule” (when harm is first realized), criminal law does not typically apply this exclusion. However, Penal Code Section 803 provides a key tolling provision. If the offender's identity is unknown or the offender flees from the scene, the time limit could be tolled, but the start date is the date of the crime.

Can the Clock on the Statute of Limitations Be Paused?

The term “tolling the statute of limitations” means stopping the clock on how long the state has to prosecute a crime like a hit-and-run. It ensures that the clock stops running. Therefore, the period to file charges extends beyond what would generally be allowed.

The statute of limitations for hit and run (CVC 20001 and 20002) contains standard exceptions that are primarily tolling provisions under Penal Code Section 803, including:

  • Unknown identity — One example of a tolling provision is unknown identity. If the driver’s identity is not immediately known, typically when they flee the scene and leave no trace, the clock could be stayed until they are known. However, this is less common for misdemeanors.

  • Fleeing the state — If you flee the state as a driver, the clock will stop until you return.

  • Concealment — When you purposely hide to evade prosecution, the time spent hiding will not count toward the limit.

Consequences of Expired Statute of Limitations

If charges are not filed before the statute of limitations expires, that crime cannot be prosecuted. If the statute of limitations (SoL) on a criminal matter has expired, it serves as a complete defense. You can raise it as a defense to have the charges dismissed, effectively ending the matter.

Furthermore, you cannot be charged with that crime if the statute of limitations runs out before they formally charge you, assuming no tolling applies. This is not to say that the act itself is erased. There could still be evidence of it affecting other cases, like a parole hearing.

Moreover, civil liability remains unaffected, as civil statutes operate separately. This allows victims to sue despite criminal expiration.

Plea Bargains and Statute of Limitations Implications for Hit and Run

Plea deals can impact the statute of limitations in a hit-and-run case, influencing defense strategy and case outcome.

One popular plea strategy is to reduce felony hit-and-run charges to misdemeanors. Suppose the prosecutors charge you with a felony hit-and-run within its three-year window, but they later agree to downgrade it to a misdemeanor after that window expires. In that case, you can claim that the downgraded charge is time-barred. Courts often accept these pleas as long as the initial charge is timely. The logic is that the misdemeanor is connected to that initial felony filing. However, accepting a plea usually waives your right to challenge the statute of limitations. Thus, you cannot argue for a dismissal based on timing. This can cause convictions that the prosecution could no longer go after had the original charge been timely.

Furthermore, plea deals can affect statutes of limitations considerations by ending cases before the clock runs out and waiving any dispute over tolling. Under Penal Code 803(d), the SOL can be paused if you leave the state, extending the prosecution. In cases where the time limit is running out, prosecutors could ask for a fast plea deal. In exchange for a conviction, they offer reduced penalties like probation instead of jail time. Although it may seem like a favorable resolution, it confirms your guilt and takes away any chance to fight the case.

You must weigh the pros and cons of a plea deal. Sometimes, pleading guilty could lessen the penalties, but it could also eliminate a viable statute of limitations defense that would have dismissed the case. If you do not accept a plea but instead challenge the statute of limitations, you could face harsher penalties if the case proceeds. Deciding to enter a plea requires evaluating legal risks, the urgency of the prosecution, and available defenses.

Civil vs. Criminal Statute of Limitations for Hit and Run

The criminal and civil statutes of limitations for hit-and-run cases run on separate timelines, each serving its purpose. Two different timelines apply for criminal and civil statutes of limitations in a hit-and-run.

Unlike the above, the civil statute of limitations sets the date by which victims must sue for damages. This timeframe does not rely on criminal charges. According to California Code of Civil Procedure Section 335.1, victims have two years to file a personal injury or property damage lawsuit for a hit-and-run accident.

Usually, the victim has two years to file a claim or lawsuit, but this time limit can be expanded under the delayed discovery rule. If the person who hit them is unknown to them, as is common when the suspect flees the accident scene, then the victim’s time to file a lawsuit commences when they reasonably discover the driver's identity. However, this extension needs court approval and sufficient evidence that the victim did due diligence in locating the driver.

The deadlines for criminal and civil acts do not depend on each other. A criminal case punishes an offender with jail time or a fine. A civil case compensates the victim for losses, like medical bills or property damage. A criminal case may be over, but that does not prevent the victim from bringing a civil case. For example, just because the one-year criminal statute of limitations for a misdemeanor hit-and-run incident expires does not mean the victim does not have two years to sue for civil damages. This separation ensures that victims still can secure justice, regardless of how the crime is prosecuted.

What Should You Do if You Are Accused of a Hit and Run?

If you are accused of a hit-and-run, your first steps are critical: remain silent and contact a lawyer immediately. Do not talk about the incident with the police or anyone else without counsel present. Anything you say can be used against you. If you are charged with hit-and-run under California Vehicle Code 20002 (misdemeanor, property damage) or Code 20001 (felony, injury, or death), your response matters.

Under your Fifth Amendment, you do not have to answer any questions. Under the Sixth Amendment, you can have an attorney represent you. Exercise these rights without delay. The police may want a statement, but do not give one until your lawyer directs you.

Find an attorney for hit-and-run right away. A qualified attorney understands the local laws, court procedures, and possible defenses. Hit-and-run cases come with a lot of pressure to gather the evidence you need. Your attorney will help with this.

Find a Criminal Defense Attorney Near Me

If you leave an accident scene, you can be accused of a hit-and-run. If you are accused of a hit-and-run, the statute of limitations will determine how long the prosecutors have to bring a case against you. However, if you flee or hide, it can toll the statute and extend the charging time. However, avoiding authorities will not necessarily protect you.

If you are charged with hit-and-run charges, you require a lawyer right away. The criminal defense lawyers at Los Angeles Criminal Lawyer can evaluate your claim and use potential defenses to protect your rights. Do not wait. Secure the legal help you require today. Call us at 310-502-1314 for assistance.