Can You Go to Jail for a Hit and Run in Texas?
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Property damage hit and run — § 550.024
Property damage only, no injury. Damage under $200: Class C misdemeanor (fine only). Damage $200+: Class B misdemeanor (up to 180 days jail + $2,000 fine). Duty: stop, give name/address/registration to other driver, render reasonable assistance. Driver must remain at scene long enough to fulfill duty.
Injury hit and run — § 550.021
Failure to stop and render aid after accident involving injury. Class A misdemeanor (up to 1 year jail) if not serious bodily injury. Third-degree felony (2-10 years) if serious bodily injury. Second-degree felony (2-20 years) if death. The "leaving scene of accident causing death" version has NO statute of limitations under CCP Art. 12.01(1)(F).
What "duty to render aid" requires
Texas Transportation Code § 550.023 requires drivers to: (1) stop immediately; (2) remain at scene; (3) determine whether any person was injured; (4) render reasonable assistance to injured persons; (5) call for medical help if needed; (6) provide name, address, registration, driver's license to other parties involved or to peace officer. Failure to perform any of these duties supports hit-and-run charges.
When you can leave without it being hit-and-run
Texas law allows specific exceptions. § 550.022 — accident with unattended vehicle: driver may leave note with name/address if no person present. Striking domestic animal — no duty to stop unless owner present. Striking wildlife — no duty. Vehicles in unimproved areas where stopping is unsafe — accommodation made. But: injury accidents ALWAYS require remaining at scene regardless of fault.
Common defenses to Texas hit-and-run
(1) Didn't know accident occurred — minor contact unnoticed; (2) Stopped at safe location and called police — § 550.026 allows movement for safety reasons; (3) Mistaken identity — defendant wasn't the driver; (4) Necessity — leaving was necessary to prevent greater harm (medical emergency, threat from other party). Defense often turns on what defendant knew or should have known about the accident.
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
How much jail time for hit and run in Texas?
Property damage only: Class C (fine) to Class B (up to 180 days). Injury accidents: Class A misdemeanor (up to 1 year) to third-degree felony (2-10 years). Death: second-degree felony (2-20 years). No SOL for death cases.
What if I didn't know I hit someone?
Defense available if you genuinely didn't know — but state must prove knowledge as element. Major impacts where reasonable driver would know support knowledge inference. Minor contact you legitimately missed may support defense. Honest mistake-of-fact defense.
Do I have to stop for hitting a deer or dog in Texas?
Deer/wildlife: no duty to stop. Domestic animal (dog, cat): no duty unless owner present at scene. Livestock: separate § 550.026 rules apply. Always must stop if struck person, even if injury seems minor.
What if I stopped briefly and then left?
May still be charged — § 550.023 requires remaining "long enough" to fulfill duties (exchange info, render aid). Brief stop without completing duties supports hit-and-run charges. Leaving before performing all required duties = violation.
Is hit-and-run with no injuries a felony in Texas?
No — property damage hit-and-run is Class B misdemeanor maximum (up to 180 days jail + $2,000 fine). Felony level requires injury (third-degree for serious bodily injury) or death (second-degree). Common confusion: "felony hit and run" only applies to injury cases.
