Is hit and run a felony?

A hit and run, also called leaving the scene, is driving away from a crash without stopping and doing what the law requires. The driver has to stop, share identifying information and help anyone who is hurt.¹

Virginia's law is a typical example. A driver in a crash that kills or injures someone, or damages an attended vehicle or other attended property, must stop as close to the scene as possible without blocking traffic. The driver must then report their name, address, driver's license number and vehicle registration number, and give reasonable help to anyone injured.

In the states checked for this page, the law tells the driver to stop right away at the scene of the crash or as close to it as possible.^1,2,3,4,5

Texas, Florida, Georgia, Pennsylvania and Virginia all use some version of this language. Texas says to "immediately stop the vehicle at the scene of the collision or as close to the scene as possible." Florida and Georgia use nearly the same words.

Leaving the scene of a crash that only damaged a vehicle or other property is usually a misdemeanor.^{1,2,4,6,7,8,9,10,11,12}

Texas makes it a Class C misdemeanor if the damage to all vehicles is less than $200 and a Class B misdemeanor at $200 or more. Florida makes it a second-degree misdemeanor. North Carolina makes a willful violation a Class 1 misdemeanor. Ohio makes it a first-degree misdemeanor, Pennsylvania a third-degree misdemeanor and Georgia a misdemeanor. Virginia makes it a Class 1 misdemeanor only when the damage is $1,000 or less. California makes it a misdemeanor, and Illinois makes it a Class A misdemeanor. New York treats it as a traffic infraction, not a crime.

A driver who stays at the scene but does not give required information or help can still face a misdemeanor. In North Carolina, failing to exchange information or give reasonable help to an injured person is a Class 1 misdemeanor.^5,7,8

In Ohio, the base offense of failing to stop after a crash, including one that only damages property, is a first-degree misdemeanor. In Pennsylvania, violating the duty to stop after an injury crash is a first-degree misdemeanor. Both states raise the grade when the crash caused serious harm or death.

Injury or death is the main thing that turns a hit and run into a felony. In all ten states checked for this page, leaving after a crash that seriously hurt or killed someone is a felony, or in California can be punished in state prison.^{1,2,3,4,5,7,8,12,13,14}

Texas, Florida, Georgia, Illinois, New York, North Carolina, Ohio, Pennsylvania and Virginia all have felony grades for leaving after a crash that causes serious injury or death. California's law allows state prison or up to a year in county jail. Some states, such as Florida, Illinois, North Carolina and Virginia, also make leaving after a lesser injury a felony, while Georgia, New York, Ohio and Pennsylvania treat it as a misdemeanor.

Many states grade the offense higher as the harm gets worse. A crash that kills someone usually carries the top felony grade, and a crash with serious injury carries the next one down.^3,5,7

Florida has three felony levels: third degree for injury, second degree for serious bodily injury and first degree for death. Pennsylvania uses third degree for serious bodily injury and second degree for death. North Carolina uses Class H for injury and Class F for serious bodily injury or death.

Several states require that the driver knew about the crash, or acted willfully, before the felony grade applies.^3,4,7,8

Florida and North Carolina punish a willful violation as a felony. Georgia's felony applies to a knowing failure to stop. North Carolina's law covers a driver who knows or reasonably should know about the crash. In Ohio, a driver who knew the crash caused serious physical harm or death faces a higher felony degree than one who did not.

In Virginia, leaving a crash that caused more than $1,000 in damage to an attended vehicle or other attended property is a felony, even if no one was hurt.^1,4,8,9,12

Virginia treats leaving after a crash with injury, death or more than $1,000 in property damage as a Class 5 felony. At $1,000 or less in property damage, it is a Class 1 misdemeanor. In the other states checked for this page, property damage alone is a misdemeanor, except in New York, where it is a traffic infraction.

Texas

Leaving after a crash that kills someone is a second-degree felony, and leaving after serious bodily injury is a third-degree felony. Leaving after a crash that only damaged vehicles is a Class C or Class B misdemeanor, depending on the damage.²

A crash with an injury that is not serious is punishable by up to five years in prison or up to one year in county jail, a fine of up to $5,000, or both. For vehicle damage only, it is a Class C misdemeanor if the damage to all vehicles is less than $200 and a Class B misdemeanor if it is $200 or more. Texas Transportation Code sections 550.021 and 550.022.

Florida

Leaving after a crash with injury is a third-degree felony, with serious bodily injury a second-degree felony, and with a death a first-degree felony. Leaving after a crash with only vehicle or property damage is a second-degree misdemeanor.^3,6

The death offense carries a mandatory minimum prison term of 4 years. The felony levels apply to a person who willfully violates the duty to stop. Florida Statutes sections 316.027 and 316.061.

Georgia

Knowingly leaving the scene of a crash that is the proximate cause of death or serious injury is a felony punished by 1 to 5 years in prison. Georgia's law treats leaving after other injuries or vehicle damage as a misdemeanor.⁴

Georgia does not use felony classes. The felony sentence is written into the statute itself. Official Code of Georgia section 40-6-270.

North Carolina

A willful hit and run with serious bodily injury or death is a Class F felony. A willful hit and run with injury is a Class H felony. Willfully leaving after property damage is a Class 1 misdemeanor.⁷

Failing to exchange identifying information or give reasonable help to an injured person is a Class 1 misdemeanor. The statute's history note lists a 2025 amendment, S.L. 2025-71, section 7(c). North Carolina General Statutes section 20-166.

Ohio

Failing to stop after an accident is a first-degree misdemeanor, including when only property was damaged. If serious physical harm results it is a fifth-degree felony, and if the driver knew about the harm it is a fourth-degree felony.^8,15

If the crash caused a death, the offense is a third-degree felony, or a second-degree felony if the driver knew a death occurred. A separate section, 4549.021, covers crashes on nonpublic roads with the same grades. Ohio Revised Code sections 4549.02 and 4549.021.

Pennsylvania

Leaving after a crash that causes serious bodily injury is a third-degree felony, and leaving after a crash that kills someone is a second-degree felony. Otherwise, violating the duty to stop after an injury crash is a first-degree misdemeanor.^5,9

This is the personal-injury-or-death section, 75 Pa.C.S. section 3742. Leaving after a crash that damages only an attended vehicle or other attended property is a third-degree misdemeanor under section 3743.

Virginia

Leaving after a crash that injures or kills anyone, or causes more than $1,000 in damage to an attended vehicle or other attended property, is a Class 5 felony. Leaving after $1,000 or less in property damage is a Class 1 misdemeanor.¹

Code of Virginia section 46.2-894.

California

Leaving after a crash that injures or kills someone can be punished in state prison or in county jail for up to one year. Leaving after a crash that only damaged property is a misdemeanor.^10,13,16

If the crash causes death or permanent, serious injury, the punishment is state prison for two, three or four years, or county jail for 90 days to one year, a fine of $1,000 to $10,000, or both. For property damage only, the punishment is up to six months in county jail, a fine of up to $1,000, or both. Penal Code section 17 explains when a crime that can be punished in state prison or in jail is treated as a misdemeanor. California Vehicle Code sections 20001 and 20002.

New York

Leaving after a crash with serious physical injury is a class E felony, and leaving after a crash that kills someone is a class D felony. Leaving after any other injury is a class A misdemeanor. Leaving after property damage only is a traffic infraction.¹²

Failing only to show a license and insurance card or to exchange information after an injury is a class B misdemeanor, and a class A misdemeanor for a later violation. A repeat violation of the injury rule after a prior conviction is a class E felony. The property damage infraction is punishable by a fine of up to $250, up to 15 days in jail, or both. New York Vehicle and Traffic Law section 600.

Illinois

Failing to stop after a crash with personal injury or death is a Class 4 felony. Failing to stop after a crash that only damaged a vehicle that is driven or attended by someone is a Class A misdemeanor.^11,14

Illinois also requires a driver who left to report the crash to police within one-half hour, and failing to make that report is a Class 2 felony, or a Class 1 felony if the crash caused a death. Personal injury means an injury that needs immediate professional treatment in a medical facility or doctor's office. 625 ILCS 5/11-401 and 11-402.