Is Hit and Run a Felony in Texas? Failure to Stop and Render Aid
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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
Felony vs misdemeanor hit and run
The classification depends on what the accident involved:
| Accident Result | Statute | Classification |
|---|---|---|
| Death | §550.021 | 2nd-degree felony (2-20 yrs TDCJ) |
| Serious bodily injury | §550.021 | 3rd-degree felony (2-10 yrs TDCJ) |
| Injury (non-serious) | §550.021 | 3rd-degree felony (2-10 yrs TDCJ) |
| Property damage $200+ | §550.022 | Class B misdemeanor |
| Property damage under $200 | §550.022 | Class C misdemeanor |
The injury element is the felony trigger. Pure property damage is misdemeanor regardless of value.
Mandatory driver duties
Drivers in accidents must:
- Immediately stop at scene
- Return to scene if not stopped initially
- Determine if anyone needs aid
- Provide identifying information (name, address, registration, license)
- Render reasonable assistance, including transportation to medical care
Failure to fulfill these duties triggers the offense regardless of who caused the accident.
Defense framework
Defenses:
Lack of knowledge of accident. The state must prove the defendant knew an accident occurred. Cases involving minor impacts, distractions, fatigue, may support this defense.
Lack of knowledge of injury. For injury/death cases, knowledge of injury is element. Where defendant knew of impact but not of injury, felony exposure may not apply (though property damage offense may).
Identity issues. Hit-and-run cases often involve fleeing scenes; identifying the driver afterward can be contested.
Sudden emergency. Limited application; leaving to seek medical aid or due to safety concerns may have defense framework.
Many hit-and-run cases combine with DWI — defendants fled to avoid intoxication detection. Combined exposure is substantial. Defense focuses on each charge separately and on the overall narrative.
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.
Frequently Asked Questions
What if I didn't know I hit someone?
Knowledge of accident is element. Cases involving minor impacts without driver awareness can support defense. Where evidence shows driver knew (visible damage, sound, witness shout), knowledge is harder to defeat.
Is small parking lot scrape a felony?
No, generally misdemeanor at most. Property damage hit-and-run under §550.022 is Class C or B misdemeanor. Felony exposure requires injury or death. Small parking lot incidents are misdemeanor.
What if I left the scene to call police?
Briefly leaving to call police or get help generally doesn't violate the statute. Extended absence without proper return creates exposure. Best practice: stay at scene, call from there. Leaving creates legal complications even with good intentions.
Will I lose my license?
Yes. Felony hit-and-run typically results in 6-month to 2-year driver's license suspension under Transportation Code provisions. Insurance impacts are also substantial. Defense work to reduce to lesser offense substantially affects licensing consequences.
Can hit-and-run with death be reduced?
Sometimes, through defense work establishing weaknesses (no knowledge of accident, no knowledge of injury, accident not caused by defendant). Reduction to 3rd-degree felony or even misdemeanor possible in cases with strong factual contests.
