The two statutes
| VC 20002 | VC 20001 | |
|---|---|---|
| Applies when | Property damage only | Injury or death to another person |
| Level | Misdemeanor | Wobbler |
| Typical custody exposure | County jail time up to the misdemeanor maximum | County or state prison depending on filing and facts |
| Duty on scene | Stop, identify, leave information | Stop, identify, and render reasonable assistance |
What the prosecution has to prove
- A collision occurred while the defendant was driving.
- The defendant knew, or reasonably should have known, that a collision occurred — and, for 20001, that someone was injured.
- The defendant willfully failed to perform the required duties.
Knowledge is where a lot of these cases live. Parking-lot contact a driver genuinely did not feel is different from driving away from an injured pedestrian, and the difference is provable.
Bail and release
A misdemeanor 20002 arrest usually means a low scheduled amount and a same-day bond, sometimes a citation with no bond at all. A felony 20001 filing with injuries is a materially larger number, and it is often paired with a DUI count — see the DUI and hit-and-run connection.