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Is a Hit and Run Accident a Crime in Virginia?


Hit and run accidents are taken very seriously in Virginia. You can be charged with either a misdemeanor or a felony depending on the particular situation. There are even some cases where someone can be charged with a hit and run and not even realize an accident occurred, or even know about the situation until a police officer shows up to charge them.

It is very important to retain a Leesburg hit and run attorney, even if the charges are only a misdemeanor. Even minor charges should be taken seriously, as they can have long lasting consequences. The team at Whitbeck Cisneros McElroy PC can help. We have extensive experience with Virginia hit and run cases and have a positive track record of achieving favorable outcomes for our clients.

What is a Hit and Run Accident in Virginia?

Virginia statute, Code of Virginia §46.2-894, says that a driver has the duty to stop in the event of an accident that involves injury, death, or damage to property.  It’s important to note that the driver and the passenger could both be held accountable. The penalties will differ based on the circumstances surrounding the accident, including:

  • Whether you were the driver or the passenger in the hit and run;
  • Whether the property was attended or unattended;
  • Whether the property falls below or above a specific amount; and
  • Whether or not the victim sustained injuries or is deceased.

Failure to follow the legal requirements can result in a Class 5 felony if the hit and run caused injuries and/or death to another person, or if the damage to property exceeds more than $1,000. Considering how expensive vehicles are, the $1,000 can be reached instantly. For hit and run accidents that resolve in less than $1,000 in damage, you could be charged with a Class 1 misdemeanor. 

Contact a Virginia Criminal Defense Attorney

If you have been charged with a hit and run accident, it’s important to speak with a Virginia hit and run attorney sooner rather than later. Contact the criminal defense attorneys at Whitbeck Cisneros McElroy PC today to schedule a consultation.

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Whitbeck Cisneros McElroy PC maintains an office in Loudoun County in the Town of Leesburg. We welcome inquiries from throughout the Commonwealth of Virginia and beyond.

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